_STATE OF DELAWARE



As of 9/30/09STATE OF DELAWAREDEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROLTHE REGULATIONS GOVERNING THE DESIGN, INSTALLATION AND OPERATION OFON-SITE WASTEWATER TREATMENT AND DISPOSAL SYSTEMSADOPTED:EFFECTIVE:Document No. 40-08/05/09/08/01TABLE OF CONTENTSChapterPageForeword1.0Authority and Scope 2.0Definitions 3.0Licensing 3.5Requirements3.11Responsibilities of licensees3.12Temporary license4.0Small Systems (< 2,500 gpd)4.1General Standards, Prohibitions and Provisions4.1.26Moratorium areas4.1.27Central wastewater system availability4.1.27Siting density4.2Soil Investigations4.2.1Site evaluation procedures4.2.2Soil feasibility study4.2.3Observation wells/Piezometers4.2.4Soil percolation rate determination4.2.5Site Interpretation Advisory Council4.3Permitting4.3.1General requirements4.3.2Disposal system sizing4.3.3Wastewater design flow rates4.3.4Isolation distances4.3.5Water conservation devices4.3.6Dosing & diversion systems4.3.7Gravity distribution4.3.9Pressure distribution4.3.10Diversion boxes & diversion valves4.3.12Conventional on-site wastewater treatment and disposal system criteria4.3.12.1Gravity trench and bed4.3.12.2Low pressure pipe4.3.12.3Wisconsin at-grade4.3.12.4Elevated sand mound4.3.12.5Pressure-dosed4.3.12.6Sand-lined systems4.3.12.7Artificially drained systems4.3.13Building sewers4.3.14Septic tanks4.3.15Grease traps4.3.16Dosing chambers4.3.17Holding tanks4.3.18Permit applications4.3.19Spare area4.3.20Application requirements4.3.25Permit denial4.3.26Permit denial review4.3.27Authorization to use existing system permit4.3.28Alteration of existing systems4.3.29Repair and replacement of existing systems4.3.30Alternative wastewater treatment and disposal systems4.3.30.2Product approvals4.3.30.14Flow equalization requirements4.4Installation Requirements4.4.1Excavation4.4.2Materials4.4.3Septic tank4.4.4Distribution networks4.4.5Conventional treatment and disposal systems4.4.5.4Site restoration4.4.6Inspections4.4.6.1Construction4.4.6.2Class H4.4.7Certificate of satisfactory completion4.4.8Abandonment of systems 4.5Operation and Maintenance4.6Variances4.6.1Application4.6.2Formal4.6.3Rural area4.6.4Hardship4.6.5Variance hearings4.6.6Variance appeals 5.0Large Systems (≥ 2,500 gpd) General Standards, Prohibitions and Provisions Site Characterization5.2.1Letter of intent5.2.2Soil Investigation Report (SIR)5.2.2.1SIR requirements 5.2.3Hydrogeologic Suitability Report (HSR)5.2.3.1General requirements5.2.3.2HSR requirements5.2.3.3On and off-site receptors5.2.3.4Hydrogeologic framework5.2.3.5Ground water monitoring5.2.3.6Ground water mounding analysis (GMA)5.2.3.7Supplemental HSR considerations5.2.4Surface Water Assessment Report (SWAR)5.2.4.1SWAR requirements General Design Parameters5.3.1Standard requirements5.3.2System specific5.3.2.1Subsurface disposal5.3.2.2Rapid infiltration basins5.3.2.3Spray irrigation5.3.2.3.1Pre-application treatment standards5.3.2.3.2Vegetation requirements5.3.2.3.3Land limiting constituents5.3.2.3.4Buffer requirements5.3.2.3.5System requirements5.3.2.4RegionalLegal DocumentationLarge System Permitting5.5.1Construction permit5.5.1.1Required submittals5.5.2Operations permit5.5.2.1Required submittals5.5.2.2Operations & maintenance plan5.5.2.2.1General5.5.2.2.2Spray specific5.5.3Permit re-issuance5.5.3.3Compliance monitoring report 5.5.4Permit modifications5.5.5Permit transfers5.5.6Appeal of final permit5.5.7Permit revocationConstruction RequirementsOperations & Maintenance RequirementsMonitoring RequirementsAnnual ReportTemporary Holding Tank5.10.1General requirements5.10.2Regional5.10.3Conditions5.11Fees5.11.1Permitting5.11.2Advertisement5.11.3Compliance5.12Severability 6.0Exhibits7.0Sources of Information7.1Organizations7.2Technical references8.0Attachments - Guidance Documents8.1Class C inspection guidelines8.2Class F pumping guidelines8.3Lot clearing guidelines8.4Shellfish waters guidelines & map8.5Recycling OWTDS soil & stone guidelinesFOREWORDThe Department of Natural Resources and Environmental Control (the Department) finds that a substantial portion of the State’s population lives where centralized water supplies or wastewater treatment services are limited. It is the intent of the Department to aid and assist the public in the installation of large on-site wastewater treatment and disposal systems, where possible, by utilizing the best information, techniques and soil evaluations for the most suitable system that site and soil conditions permit.Statewide regulations governing the installation and operation of wastewater treatment and disposal systems have existed since 1968. Inappropriate installations and poor operation and maintenance practices have resulted in disposal system malfunctions. Inadequately renovated wastewater has contaminated the State’s ground water and is presenting a threat to the public health, safety, and welfare. Corrective measures require the replacement of water supply and wastewater systems, sometimes at a very high cost, which is sometimes borne by the general public. Several well known studies examined these conditions. They found that the Department’s regulations governing the site evaluation, siting density, installation and operation of on-site wastewater treatment and disposal systems have been identified as requiring revisions.In considering these findings, the Department determined that the adoption of effective on-site wastewater treatment and disposal regulations was the proper course of action. Through a process that included considerable staff research, consultant studies, the development of background “working papers”, interaction with public/private sector on-site wastewater industry professionals, public meetings and presentations, public workshops, a public hearing and a hearing officer’s report along with draft versions of this Regulation were prepared, reviewed and revised. This final version is the result of those various activities, and incorporates, as best as possible, all valid concerns into its provisions.They are based on the best information available and include the establishment of a process for updating this Regulation as information changes. They include what are considered to be the best engineered design standards for on-site systems, as determined by research and practical experience. These Regulations seek to require the use of on-site systems that will function according to their performance criteria without causing the State’s ground water resources to violate U. S. Environmental Protection Agency Drinking Water Standards on an average annual basis.This document also provides for the planning, design, and operation of slow rate land treatment systems for wastewaters in Delaware. The Department encourages the use of slow rate land treatment as an alternative to advanced wastewater treatment, particularly in environmentally sensitive areas of the State. In addition, slow rate land treatment, or wastewater irrigation, is encouraged for wastewater treatment in small to medium sized communities and industries where appropriate.The term slow rate land treatment as used in these regulations refers to the advanced treatment of wastewater by irrigation onto land to support vegetative growth. These systems are designed and operated so there is no direct discharge to surface waters. The irrigated wastewater evaporates and transpires to the atmosphere or enters the groundwater through percolation. Organic constituents in the wastewater are stored in the soil or stabilized by soil bacteria. Properly designed and operated wastewater irrigation systems produce a percolate water of high quality and thus protect ground and surface water resources.The proper siting of systems is addressed by the establishment of various soil criteria and hydrogeologic criteria which lead to the selection of the most suitable on-site wastewater treatment and disposal system for local conditions. System selection and sizing are determined using the results of the site specific soil evaluations, infiltrometer tests and preliminary groundwater impact assessments. Soil evaluation and system selection, design, installation, operation and maintenance are required to be performed by individuals licensed under these regulations. Although it has not been possible to include every method of on-site treatment and disposal, the Department’s policy is to encourage development of new systems, processes and techniques which may benefit significant numbers of people within Delaware. It is expected that these Regulations will be reviewed and revised periodically and that standards for future methods of wastewater treatment and disposal will be prepared as more experience and research data become available. The Regulations contain provisions that enable that process to occur.1.0Authority and Scope1.1These Regulations are adopted by the Secretary of the Department of Natural Resources and Environmental Control under and pursuant to the authority set forth in 7 Del. C., Chapter 60.1.2These Regulations shall apply to all aspects of:1.2.1The planning, design, construction, operation, maintenance, rehabilitation, replacement, inspection and modification of onsite wastewater treatment and disposal systems within the boundaries of the State of Delaware;1.2.2The planning, design, construction and operation and maintenance of onsite wastewater holding tanks within the boundaries of the State of Delaware; and1.2.3The licensing of percolation testers, onsite wastewater treatment and disposal system designers, soil scientists, onsite wastewater treatment and disposal system contractors, system inspectors and liquid waste haulers within the boundaries of the State of Delaware.1.3With respect to other provisions of the Regulations Governing the Design, Installation, and Operation of On-Site Wastewater Treatment and Disposal Systems, the Regulations Governing the Construction and Use of Wells and the Guidance and Regulations Governing the Land Treatment of Wastes these Regulations shall supersede such Regulations only to the extent of any inconsistency. With respect to the other provisions of the Regulations Governing the Control of Water Pollution these Regulations shall supersede such Regulations only to the extent of any inconsistency. These Regulations shall apply throughout the State of Delaware.1.4The Department has the authority to establish and collect fees for the defraying of expenses incurred by the Department for facilities and services needed to provide for the administration of its programs. The authority is contained within Amendment 4701(a), 7 Del C., Chapter 60, which also contains the schedule of fees.2.0DEFINITIONS2.1The following words and terms, when used in this regulation, shall have the following meaning unless the text clearly indicates otherwise:“Absorption Facility” means a system of open jointed or perforated piping, alternative distribution units or other seepage systems for receiving the flow from septic tanks or other treatment facilities and designed to distribute effluent for oxidation and absorption by the soil within the zone of aeration.“Advanced Treatment Unit” means any process designed to produce an effluent of higher quality than normally achieved by secondary treatment processes or containing unit operations not normally found in secondary treatment which also incorporates nutrient removal processes. “Aggregate-free Chambers” means a buried structure used to create an enclosed unobstructed soil bottom absorption area and side-wall absorption area for infiltration and treatment of wastewater which can be use to replace the filter aggregate and distribution pipe in an absorption facility."Agricultural land" means land cultivated for the production of crops or used for raising livestock."Agricultural wastes" means wastes normally associated with the production and processing of food and fiber on farms, feedlots, ranches, ranges, and forests which may include animal manure, crop residues, and dead animals; also agricultural chemicals, fertilizers and pesticides which may find their way into surface and subsurface water.“Alteration” means any physical change in the design capacity of an existing system or any part thereof.“Alternating System” means two or more disposal fields, equal in size with dosing provided alternatively to each field. “Alternative Treatment and Disposal System” means a wastewater treatment and/or disposal system not specified in these regulations which has been proven to provide at least an equivalent level of treatment as the conventional systems included in these regulations also referred to as alternative technologies.“Applicant” means the owner or legally authorized agent of the owner as evidenced by sufficient written documentation.“Authorization to Use Existing System Permit” means a written document issued by the Department which states that an onsite wastewater treatment and disposal system appears adequate to serve the purpose for which a particular application is made.“Aquifer” means a part of a formation, a formation, or a group of formations that contains sufficient saturated permeable material to yield economically useful quantities of water to wells or springs. “Backfill” means a soil which is clean and free of foreign debris, placed over the disposal area and fill extensions.“Blackwater” means waste carried off by toilets, urinals, and kitchen drains.“BOD” means biochemical oxygen demand which is the amount of oxygen required by bacteria to stabilize decomposable organic matter under aerobic conditions.“Building Sewer” means piping which carries wastewater from a building to the first component of the treatment and disposal system.“Certified Service Provider” means any of the following responsible parties:An individual representative of a manufacturer/supplier who holds a DNREC Class E System Contractor or Class H System Inspector license; or,A Class E System Contractor who is certified, through DNREC approved training, on the operation and maintenance of the advanced treatment unit or system; or,A Class H System Inspector who has become certified through DNREC approved training on the operation and maintenance of the advanced treatment unit or system; or,A Homeowner who has obtained DNREC individual homeowner service provider certification and has been certified through DNREC approved training on the operation and maintenance of the advanced treatment unit or system. The DNREC homeowner certification allows the homeowner to operate and maintain their IA system at their primary place of residence only.“Cesspool” means a covered pit, with a porous lining, into which wastewater is discharged and allowed to seep or leach into the surrounding soils with or without an absorption facility. Note: Cesspools cannot be certified for real estate transfers.“Class H Inspection” means the inspection of an existing OWTDS by an individual licensed by the Department to inspect, investigate and collect data detailing the current operating condition and type of system on Department authorized forms as observed on a specific date and time.“Commercial Facility” means any structure or building, or any portion therefore, other than a residential dwelling.“Community System” means any small on-site wastewater treatment and disposal system (< 2,500 gpd) which consists of three (3) or more dwelling units on the same system.“Completed Application” means the application form is properly completed in full, is signed by the applicant, is accompanied by all required exhibits, detailed plans and specifications, and required fee.“Confined Aquifer” means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself and containing ground water. An aquifer containing ground water, which is everywhere, at a pressure greater than atmospheric pressure and from which water in a well will rise to a level above the top of the aquifer.“Confining Layer” means a body of impermeable or distinctly less permeable material stratigraphically adjacent to one or more aquifers.“Construction Permit” means a permit issued by the Department for the construction, alteration, repair or replacement of an onsite wastewater treatment and disposal system.“Construction Report” means a report prepared by the contractor and submitted to the Department within 10 calendar days after the absorption facility has been completely installed.“Conventional On-Site Wastewater Treatment and Disposal Systems” means those small systems which are referred to as; Gravity, low pressure pipe, pressure-dosed, sand-lined and elevated sand mound."Crops for direct human consumption" means crops that are consumed by humans without processing to minimize pathogens before distribution to the consumer.“Curtain Drain” means a trench 36 inches wide and 24 – 36 inches deep with 12 inches of aggregate into which water softener backwash is disposed. “Department” means the Department of Natural Resources and Environmental Control of the State of Delaware (DNREC).“Developer” means a person, persons, partnership, firm, corporation or cooperative enterprise undertaking and/or participating in the development of a subdivision, manufactured home community, or multiunit housing project.“Director” means the Director of the Division of Water Resources for the State of Delaware or his/her authorized representative."Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of wastewater, other liquid waste, or any constituent of it on or in the land, the air or any waters, including ground water, and includes any method of utilization that involves reuse of the nutrients at greater than agronomic rates.“Disposal Area” The entire area used for the absorption facility.“Distribution Box” means a box for distributing wastewater equally to separate distribution laterals of the absorption facility.“Distribution System” means piping or other devices used in the distribution of wastewater within the absorption facility (also referred to as distribution laterals).“Dosing” means the pumped or regulated flow of wastewater to the absorption facility.“Dosing Chamber” means a receptacle for retaining wastewater until pumped by time and/or regulated measured volumes to the absorption facility.“Down Gradient” means an area that has a lower potentiometric surface (hydraulic head) than a comparative reference point.“Dwelling” means any structure or building, or any portion thereof which is used, intended, or designed tobe occupied for human living purposes including but not limited to, houses, houseboats, boathouses, mobile homes, manufactured homes, travel trailers, hotels, motels, apartments, and condominiums.“Easement” means an interest in land owned by another that entitles its holder to a specific limited use or enjoyment.“Effluent” means the wastewater flow from a tank or treatment process.“Effluent filter” means a device placed in the outlet compartment of a septic tank which conforms to ANSI/NSF Standard 46 for the purpose of removing particulate matter before the effluent enters the absorption facility. “Effluent Line” means the pipe beginning at the treatment unit or septic tank and terminating at the absorption facility.“Elevated Sand Mound” means an on-site wastewater treatment and disposal system which maintains a 36 inch separation distance above the limiting zone which is pressurized into suitable fill material constructed above existing grade.“Emergency Repair” means a repair of a broken system component where immediate action is necessary to protect public health.“Encumbrance” means anything that affects or limits a property such as mortgages, easements and restrictions. For our purposes the Department also includes; trees, dwellings, out buildings, driveways, concrete pads, etc.“Engineered Sandy Fill” means sand that must have a uniformity coefficient of < 5. A minimum of 95% by weight must pass through a #4 sieve and a maximum of 10% by weight through a #100 sieve.“Escarpment” means any naturally occurring slope greater than thirty (30) percent which extends vertically six (6) feet or more as measured from top to toe, and which is characterized by a long cliff or steep slope which separates two (2) or more comparatively level or gently sloping surfaces, and may intercept one (1) or more layers than limit soil depth.“Existing OnSite Wastewater Treatment and Disposal System” means any installed onsite wastewater treatment and disposal system constructed in conformance with the rules, laws and local ordinances in effect at the time of construction or which would have conformed satisfactorily with system design provided for in Department regulations. “Fill” means soil material which has been transported to and placed over the original soil or bedrock and is characterized by a lack of distinct horizons or color patterns as found in naturally developed, undisturbed soils.“Filter Aggregate” means washed gravel or crushed stone ranging in size from 3/4" to 2 l/2" in any dimension and clean and free of fine materials (dust) or and meeting grading specifications in Section 4.4.2.2.“Filter Fabric” means any material approved by the Department which is permeable but does not allow soil particles to pass through for the purpose of protecting the filter aggregate or aggregate free chambers within the absorption facility."Food chain crops" means tobacco, crops grown for human consumption, and crops grown to feed animals whose products are consumed by humans."Free liquids" means liquids which readily separate from the solid portion of a waste under the following tests:EPA Plate Test. Place a 1 to 5 kilogram (2.2 to 11.0 lbs.) sample of waste on a level or slightly sloping plate of glass or other similarly flat and smooth solid material for at least 5 minutes. If a liquid phase separation is observed, the waste contains free liquids.EPA Gravity Test. The test protocol calls for a 100 ml representative sample of the waste from a container to be placed in a 400 micron conical paint filter for 5 minutes. The filter specified is a standard paint filter which is commonly available at hardware and paint stores. The filter is to be supported by a funnel on a ring stand with a beaker or cylinder below the funnel to capture any free liquid that passes through the filter. If any amount of free liquid passes through the filter, the waste is considered to hold free liquids.“Full Depth Gravity” means a gravity fed on-site wastewater treatment and disposal system which maintains a 36 inch separation distance above the limiting zone where the trench or bed is installed 24 inches into the natural soil.“Governmental Appointee” means any state, county, municipal employee or someone contracted by any of these agencies for the purpose of doing official business for the business aspects of the State.“Governmental Unit” means the state, any county, municipality, or any part thereof.“GPD” means gallons per day.“Grade” means the inclination or slope of a conduit or ground or plane surface.“Gravity Capping Fill” means a gravity fed on-site wastewater treatment and disposal system which maintains 36 inches separation distance above the limiting zone where the trench or bed is installed between 12 and 23 inches into the natural soil below a soil cap of a specified depth and texture.“Greywater” means the untreated wastewater that has not come into contact with toilet waste. Greywater includes wastewater from bathtubs, showers, bathroom wash basins, clothes washing machines, laundry tubs and other wastewater which does not present a threat from contamination by unhealthy processing, manufacturing or operating wastes. It does not include wastewater from kitchen sinks or dishwashers.“Grease Trap” means a watertight tank for the collection and retention of grease which is accessible for periodic removal.“Groundwater” means any water naturally found under the surface of the earth.“Holding Tank” means a watertight receptacle used to store wastewater prior to being removed by a licensed waste hauler.“Hydraulic Conductivity” means a specific mathematical coefficient (quantitative) that relates the rate of water movement to the hydraulic gradient. A term of Darcy’s law Q = KAi where K represents hydraulic conductivity and is the current standard for measuring a soils ability to transmit water.“Impervious Strata and Formation” means an underground or surface layer of soil or rock which will not allow water to pass through it at a rate permissible for subsurface disposal and having a percolation rate slower than one hundred twenty (120) minutes per inch.“Invert” means the floor, bottom or lowest portion of the internal cross section of a closed conduit or structure.“Isolation Distance” means the horizontal distance between a system component and selected site features or structures."Land application" means the placement of liquid waste or treated liquid waste within 2 feet below the surface of land used to support vegetative growth."Land treatment" means a technology for the intimate mixing or dispersion of wastes into the upper zone of the plant-soil system with the objective of microbial stabilization, immobilization, selective dispersion, or crop recovery leading to an environmentally acceptable assimilation of the waste.“Large System” means any onsite wastewater treatment and disposal system with a projected wastewater design flow rate greater than two thousand five hundred (2,500) gallons per day.“Lift Pump Station” means a pre-engineered receptacle for pumping wastewater to a system component to overcome slope differentials for the use of gravity distribution (not to include dosing chambers) complete with alarms.“Limiting Zone” means any horizon or condition in the soil profile or underlying strata which includes:The presence of seasonal or perennial saturation as evidenced by redoximorphic features or direct measurement of observation wells; orRock with open joints, fractures or solution channels, masses of loose rock fragments, or loose weathered rock, including gravel, with insufficient fine soil to fill the voids between the fragments; orGeologic stratum or soil zone in which the permeability of the stratum or zone effectively limits the movement of waterFor large systems – mounded groundwater table "Liquid waste" means any waste which is not a solid waste as defined for the purposes of these regulations.“Lot” means a portion of a subdivision or parcel of land.“Low Pressure Pipe Capping Fill” means a pressurized on-site wastewater treatment and disposal system which is installed as trenches and maintains 18 inch separation distance above the limiting zone. Trenches are installed between 9-17 inches into natural soil below a soil cap of a specified depth and texture.“Low Pressure Pipe Full Depth” means a pressurized on-site wastewater treatment and disposal system which is installed as trenches and maintains 18 inch separation distance above the limiting zone. Trenches are installed 18 inches into natural soil.“Malfunctioning System” means a system which is not adequately renovating or hydraulically eliminating the wastewater it is receiving as evidenced by, but not limited to, the following conditions:Failure of a system to accept wastewater discharge or the backup of wastewater into the structure served by the system.Direct discharge of wastewater to the surface of the ground, surface water, or groundwater without adequate renovation.“Manifold” means a pipe with numerous branches to convey effluent between a large pipe and several smaller pipes, or to permit choice of diverting flow from one of several sources or to one of several discharge points.“Manufactured Home” means a home built entirely in the factory under a federal building code administered by the Department of Housing and Urban Development (HUD). Manufactured homes may be single or multi-section and are transported to the site and installed.“Mineral Soil” means a soil that is saturated with water less than 30 days (cumulative) per year in normal years and contains less than 20 percent (by weight) organic carbon; or is saturated for greater than 30 days or more cumulative in normal years, and has an organic carbon content (by weight) of less than 18 percent if the mineral fraction contains 60 percent or more clay; or less than 12 percent if the mineral fraction contains no clay.“Monitor Well” means a well installed for the sole purpose of the determination of subsurface conditions and collecting groundwater samples.“Mottling” means a soil irregularly marked with spots of different colors that vary in number and size which may indicate poor aeration, lack of drainage and the upper extent of the seasonal high water table.“Observation well” means a well used for the sole purpose of determining groundwater levels. “OnSite Wastewater Treatment and Disposal System” means conventional or alternative, wastewater treatment and disposal systems installed or proposed to be installed on land of the owner or on other land to which the owner has the legal right to install the system.“On-Site Regulations” means the Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems.“On-Site System Advisory Board (Board)” means a panel of licensee’s representing the on-site industry, asked to serve by the Secretary, on all matters pertaining to the issuance and revocation of all on-site license’s.“Owner” means the person who has a vested legal or equitable title to real or personal property, including an onsite wastewater treatment and disposal system.“Percolation rate” means the rate of water movement through a soil. Percolation rate is usually measured and assigned on the basis of elapsed time per unit volumetric water level drop. The most commonly used unit for expressing percolation rate is minutes per inch (mpi).“Performance Standard Nitrogen level 1 (PSN1)” means where total nitrogen levels achieve either:? an average annual concentration of 5 mg/l (parts per million (ppm)) total nitrogen in effluent sampled at the end-of-pipe of the pretreatment unit; or? an average annual concentration of 5 mg/l beneath any permitted wastewater spray irrigation field as verified by monitoring in-field lysimeters, providing that the design percolate concentration does not exceed 5 mg/l on an average annual basis.Discharge limitations are to be expressed as a mass, based on average design flows (221 gallons per day per unit for residential systems).“Performance Standard Nitrogen level 2 (PSN2)” means where total nitrogen levels achieve either:an average annual concentration of 10 mg/l (ppm) total nitrogen in effluent sampled at the end-of-pipe of the pretreatment unit; or? an average annual concentration of 10 mg/l beneath any permitted wastewater spray irrigation field as verified by monitoring in-field lysimeters, providing that the design percolate concentration does not exceed 10 mg/l on an average annual basis.Discharge limitations are to be expressed as a mass, based on average design flows (221 gallons per day per unit for residential systems).“Performance Standard Nitrogen level 3 (PSN3)” means where total nitrogen levels achieve either:an average annual concentration of 20 mg/l (ppm) total nitrogen in effluent sampled at the end-of-pipe of the pretreatment unit; ora 50% reduction in effluent total nitrogen concentration when compared to the influent total nitrogen concentration.“Performance Standard Phosphorus level 1 (PSP1)” means where total phosphorus levels achieve either:an average annual concentration of 4.0 mg/l (ppm) total phosphorus in effluent sampled at the end-of-pipe of the pretreatment unit; or? an average annual concentration of 4.0 mg/l beneath any permitted wastewater spray irrigation field as verified by monitoring in-field lysimeters, providing that the design percolate concentration does not exceed 4.0 mg/l on an annual average basis.Discharge limitations are to be expressed as a mass, based on average design flows (221 gallons per day per unit for residential systems).“Performance Standard Phosphorus level 2 (PSP2)” means where total phosphorus levels achieve:an average annual concentration of 8.0 mg/l (ppm) total phosphorus in effluent sampled at the end-of-pipe of the pretreatment unit. Discharge limitations are to be expressed as a mass, based on average design flows (221 gallons per day per unit for residential systems).“Permeability” means the property of a soil horizon that enables the soil to transmit gases, liquid, or other substances.“Permit” means the written document approved by the Department which authorizes the installation of a system or any part thereof, which may also require operation and maintenance of the system.“Permittee” means any individual, partnership, corporation, association, institution, cooperative enterprise, agency, municipality, commission, political subdivision or duly established entity to which a permit is issued.“Piezometer” means a small diameter non-pumping well with a short screen that is used to measure elevation of the water table or potentiometric surface.“Platy Structure” means soil aggregates that are developed predominantly along the horizontal axes, laminated and flaky.“Pollution or Water Pollution” means any alteration of the physical, chemical or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, silt or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state, which will or tends to, either by itself or in connection with any other substance, create a public nuisance or which will or tends to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses or to livestock, wildlife, fish or other aquatic life or the habitat thereof.“Pollution Control Strategy (PCS)” means a document that specifies actions necessary to systematically achieve pollutant load reductions specified by a Total Maximum Daily Load for a given waterbody.“Potentiometric Surface” means a surface that represents the level to which water will rise in tightly cased wells.“Pressure Dosed Capping Fill” means a pressurized on-site wastewater treatment and disposal system which maintains a 36 inch separation distance above the limiting zone where the trench or bed is installed between 12 and 23 inches into the natural soil below a soil cap of a specified depth and texture. “Pressure Dosed Full Depth” means a pressurized on-site wastewater treatment and disposal system which maintains a 36 inch separation distance above the limiting zone where the trench or bed is installed 24 inches into the natural soil. “Pressurized Distribution” means a network of piping with orifices designed to evenly distribute wastewater under pressure through the entire absorption facility.“Primary Treatment” means a wastewater treatment process that takes place in a tank and allows those substances in wastewater that readily settle or float to be separated from the water being treated.“Professional Engineer” means a person registered by the Delaware Association of Professional Engineers to practice professional engineering in the State of Delaware. “Professional Geologist” means a person registered by the Delaware State Board of Professional Regulation to practice professional geology in the State of Delaware.“Project Site” means the total area within the property lines of an individual lot or within the division lines of a parcel or subdivision.“Public Health Hazard” means a condition whereby there are sufficient types and amounts of biological, chemical or physical, including radiological, agents relating to water or sewage which are likely to cause human illness, disorders or disability. These include, but are not limited to, pathogenic, viruses, bacteria, parasites, toxic chemicals, and radioactive isotopes.“Public Service Commission” means an agency created to regulate investor-owned public utilities, the Delaware Public Service Commission (PSC) works to ensure safe, reliable and reasonably priced cable, electric, natural gas, wastewater, water and telecommunications services for Delaware consumers.“Redoximorphic Features” means characteristic soil patterns formed by the reduction, translocation and oxidation of iron and manganese oxides. The occurrence of these features may be indicative of poor drainage, or lack of aeration associated with the upper most extent of the seasonal high water table.“Reducing condition” means a geochemical condition where dissolved oxygen is depleted (< 1 mg/L).“Repair” means any modification to an existing on-site wastewater treatment and disposal system necessary to fix a problem or malfunction.“Replacement System” means a new on-site wastewater treatment and disposal system to replace the existing on-site wastewater treatment and disposal system or a portion thereof. “Sand” means individual mineral particles in a soil that range in diameter from the upper limit of silt (0.05 millimeters to 2.0 millimeters).“Sand Lined System” means a type of seepage trench or seepage bed soil absorption facility constructed in the fill material below the natural soil surface and may require pressurization. The fill material is used to replace a natural impermeable or slowly permeable soil layer or to completely remove an existing absorption facility.“Scarifying” means scraping or loosening the bottom and sidewall soil surfaces in the preparation of percolation test holes, seepage trenches, beds, or similar excavations.“Scum” means a mass of sewage solids floating at the surface of effluent and buoyed up by entrained gas, grease or other substances.“Seasonal High Water Table” means the highest zone of soil or rock that is seasonally or permanently saturated by a perched or shallow water table. A planar surface, below which all pores in rock or soil (whether primary or secondary) that is seasonally or permanently saturated.“Secondary Treatment” means a combination of unit processes that will consistently remove 85% or more of the organic and suspended material in domestic wastewater and produce an effluent of sufficient quality to satisfy the following requirements; monthly average effluent BOD5 and TSS concentrations of 30 mg/L; daily maximum effluent BOD5 and TSS concentrations of 45 mg/L.“Secretary” means the Secretary of the Department of Natural Resources and Environmental Control or a duly authorized designee. “Seepage Bed” means an absorption facility consisting of an area from which the entire earth contents have been removed and replaced with a network of perforated pipe, filter aggregate or aggregate-free chambers and covered with suitable backfill material.“Seepage Pit” means a covered pit with a porous lining into which wastewater is discharged and allowed to seep or leach into the surrounding soil and is preceded by a septic tank.“Seepage Trench” means a soil absorption facility consisting of ditches with vertical sides and flat bottoms partially filled with filter aggregate and containing perforated pipe or aggregate-free chambers and covered with suitable backfill material.“Septage” means the liquid and solid contents of a septic tank.“Septic Tank” means a watertight receptacle which receives the discharge of wastewater from a structure or part thereof and is designed and constructed so as to permit settling of solids from the liquid, digestion of the organic matter by detention, and discharge of the liquid portion into an absorption facility."Sewage" means water-carried human or animal wastes from septic tanks, water closets, residences, buildings, industrial establishments, or other places, together with such groundwater infiltration, subsurface water, admixture of industrial wastes or other wastes as may be present."Sewage sludge" means sludges which derive in whole or in part from sewage. “Single Family Dwelling” means a residence intended for single family residential use. “Siphon” means a hydraulically operated device designed to rapidly discharge the contents of a dosing tank between predetermined hydraulic levels.“Site Evaluation” means the practice of investigating, evaluating and reporting basic soil and site conditions which apply to the onsite wastewater treatment and disposal system type and design criteria.“Slope” means the deviation of a plane surface from the horizontal. It is usually expressed as a ratio or percentage of number of units of vertical rise or fall per unit of horizontal distance."Sludge" means the accumulated semi-liquid suspension, settled solids, or dried residue of these solids that is deposited from (a) liquid waste in a municipal or industrial wastewater treatment plant, (b) surface or groundwaters treated in a water treatment plant, whether or not these solids have undergone treatment. Septage is included herein as sludge.“Small System” means any onsite wastewater treatment and disposal system with a projected wastewater design flow rate less than two thousand five hundred (2,500) gallons per day.“Soil Feasibility Study” means a site/soil investigative report identifying the suitability of a parcel of land for a large, community or individual on-site wastewater treatment and disposal systems. The report includes information pertinent to the Department and other local government agencies in the determination of certain land use decisions.“Soil Horizon” means a layer of soil or soil material approximately parallel to the land surface and differing from adjacent genetically related layers in physical, chemical, and biological properties or characteristics such as color, structure, texture, consistence and pH.“Soil Profile” means a vertical cross-section of a soil that shows the various soil horizons. Soil drainage or moisture status are both soil characteristics that can be inferred from the soil profile.“Soil Structure” means the combination or arrangement of primary soil particles into secondary compound particles or clusters, the principle forms of which are: platy (laminated); prismatic (prisms with rounded tops); blocky (angular or subangular); granular and columnar. “Soil Texture” means the grain sizes that comprise a soil consisting of three textural classes; sand, silt and clay. Field methods for judging the texture of a soil consist of forming a cast of soil, both dry and moist, in the hand and pressing a ball of moist soil between thumb and finger.The major textural classifications are observed and can be determined in the field as follows:Sand: Individual grains can be seen and felt readily. Squeezed in the hand when dry, this soil will fall apart when the pressure is released. Squeezed when moist, it will form a cast that will hold its shape when the pressure is released, but will crumblewhen touched.Sandy Loam: Consists largely of sand, but has enough silt and clay present to give it a small amount of stability. Individual sand grains can be readily seen and felt. Squeezed in the hand when dry, this soil will readily fall apart when the pressure is released. Squeezed when moist, it forms a cast that will not only hold its shape when the pressure is released, but will withstand careful handling without breaking. The stability of the moist cast differentiates this soil from sand.Loam: Consists of an even mixture of sand and of silt and a small amount of clay. It is easily crumbled when dry and has a slightly gritty yet fairly smooth feel. It is slightly plastic. Squeezed when moist, it forms a cast that will not only hold its shape when the pressure is released, but will withstand careful handling without breaking. The stability of the moist cast differentiates this soil from sand.Silt Loam: Consists of a moderate amount of fine grades of sand, a small amount of clay, and a large quantity of silt particles. Lumps in a dry, undisturbed state appear quite cloddy, but they can be pulverized readily; the soil then feels soft and floury. When wet, silt loam runs together in puddles. Either dry or moist, casts can be handled freely without breaking. When a ball of moist soil is pressed between thumb and finger, it will not press out into a smooth, unbroken ribbon, but will have a ribbon appearance.Clay Loam: Consists of an even mixture of sand, silt, and clay, which breaks into clods or lumps when dry. When a ball of moist soil is pressed between the thumb and finger, it will form a thin ribbon that will readily break, barely sustaining its own weight. The moist soil is plastic and will form a cast that will withstand considerable handling.Silty Clay Loam: Consists of a moderate amount of clay, a large amount of silt, and a small amount of sand. It breaks into moderately hard clods or lumps when dry. When moist, a thin ribbon or one eighth (1/8) inch wire can be formed between thumb and finger that will sustain its weight and will withstand gentle movement.Silty Clay: Consists of even amounts of silt and clay and very small amounts of sand. It breaks into hard clods or lumps when dry. When moist, a thin ribbon or one eighth (1/8) inch or less sized wire formed between thumb and finger withstand considerable movement and deformation. Clay: Consists of large amounts of clay and moderate to small amounts of sand. It breaks into very hard clods or lumps when dry. When moist, a thin, long ribbon or one sixteenth (1/l6) inch wire can be molded with ease. Fingerprints will show on the soil, and a dull to bright polish is made on the soil by a shovel.Silt: Consists largely of silt with very small amounts of clay. The soil feels very silky or floury. When pressed between thumb and finger it will readily pulverize without forming a ribbon.Loamy Sand: Is predominately composed of sand, but has enough clay so that it can be formed into a weakly developed ball with careful handling.11)Sandy Clay Loam: The predominant particle size found within this soil textural class is sand, although it contains relatively high levels of clay with lesser amounts of silt. When moist, it will form a thin ribbon that does not readily break.12)Sandy Clay: Consists of relatively even amounts of sand and clay with very small amounts of silt. When moist, a thin ribbon can readily be formed between thumb and finger without considerable deformation or movement.These and other soil textural characteristics are defined as shown in the United States Department of Agricultural Textural Classification Chart which is hereby adopted as part of these Regulations (see Exhibit B). This textural classification chart is based on the Standard Pipette Analysis as defined in the United States Department of Agriculture, Soil Conservation Service Soil Survey Investigations Report No. 1.Throughout these Regulations where soil textural classes and other terminology describing soils are utilized, definition and interpretation shall be in accordance with the latest edition of Soil Survey Manual (Handbook 18), Field Book for Describing and Sampling Soils, and Field Indicators of Hydric Soils in the Mid-Atlantic States as published by either the U.S. Department of Agriculture or the U.S. Environmental Protection Agency."Solid waste" means any garbage, refuse, rubbish, and other discarded materials resulting from industrial, commercial, mining, agricultural operations and from community activities which does not contain free liquids. Containers holding free liquids shall be considered solid waste when the container is designed to hold free liquids for use other than storage (e.g. radiators, batteries, transformers) or the waste is household waste which is not sewage or septage.“Solum” means the upper part of the soil profile (A, E and B horizons) above the parent material in which the processes of soil formation are active.“Spare Area” means an area set aside for construction of a second absorption facility to be used in the event the original absorption facility malfunctions or is expanded."Spray irrigation" means the controlled application of treated wastewater to a vegetated soil surface which shall not exceed the needs of the crop, hydraulic capacity of the soils or the site’s ability to assimilate the treated wastewater."Storage" means the interim containment of liquid waste or treated liquid waste before disposal or utilization.“Subdivision” means any tract or parcel of land which has been divided into two or more lots for which development is intended."Surface Impoundment" means a natural topographic depression, and/or man-made excavation, and/or diked area formed primarily of earthen materials (although it may be lined with man-made materials) or remains unlined, and which is designed to hold an accumulation of liquid wastes or wastes containing free liquids. Examples of surface impoundments are holding, storage, settling, and elevation pits, ponds, and lagoons.“System” means an onsite wastewater treatment and disposal system.“System Inspector” means a person licensed by the Department to inspect, investigate, collect data and make determinations regarding the present operational condition of an on-site wastewater treatment and disposal system.“System Operator” means an individual, who at a given time, through observation, interpretation or decision operates a wastewater facility or a segment of a system or facility. “Tertiary Treatment” means the removal of pollutants, including nitrogen and phosphorus, to meet discharge or reuse criteria with respect to specific parameters and may be followed by disinfection.“Test Pit” means an excavation used to examine a soil profile in order to assess soil permeability and depth to a seasonal high water table using soil texture, structure, and redoximorphic features as a basis for assessing site suitability.“Total Nitrogen” means the sum of all the forms of nitrogen – ammonia, ammonium, nitrate, nitrite and organic nitrogen present in wastewater. “Topography” means ground surface variations or contours of the earth's surface, both natural and anthropogenic."Treatment" means a process which alters, modifies or changes the biological, physical or chemical characteristics of sludge or liquid waste."Treatment works" means any device and system used in the storage, treatment, recycling and reclamation of municipal sewage, or industrial wastes of a liquid nature, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities and improvements to exclude or minimize inflow and infiltration.“Total Suspended Solids (TSS)” means all the solids present in wastewater.“Unconfined Aquifer” means an aquifer in which no relatively impermeable layer exists between the water table and the ground surface and an aquifer in which the water is at atmospheric pressure.“Undisturbed Soil” means soil or soil profile unaltered by filling, removal, or other manmade changes with the exception of agricultural activities.“Upgradient” means an area that has a higher potentiometric surface (hydraulic head) than a comparative reference point.“Wastewater” means watercarried waste from septic tanks, water closets, residences, buildings, industrial establishments, or other places, together with such groundwater infiltration, subsurface water and mixtures of industrial wastes or other wastes as may be present."Wastewater treatment plant" means a facility designed and constructed to receive, treat, or store waterborne or liquid wastes.“Wastewater Utility” means any person who engages in the business of providing wastewater disposal and related services to the public for a fee, charge, or other remuneration in the State of Delaware.“Watercourse” means any ocean, bay, lake, pond, stream, river or defined ditch that will permit drainage into any surface water body, excluding ephemeral watercourses as defined below.Ephemeral – A watercourse which flows briefly, only in direct response to precipitation in the immediate vicinity, and whose invert is above the seasonal high water table.“Water Table” means the surface of an unconfined aquifer where the pore water pressure is equal to atmospheric pressure.“Waters of the State” means public waters, including lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the ocean within the territorial limits of the State, and all other bodies of surface or underground water, natural or artificial, inland or coastal, fresh or salt, within the jurisdiction of the State of Delaware.“Well” means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, testing, acquisition, use; for extracting water from or for the artificial recharge of subsurface fluids; and where the depth isgreater than the diameter or width. For the purpose of this regulation this definition does not include geotechnical test, soil, telephone and construction piling borings, fence posts, test pits, or horizontal closed loop heat pump circulation systems constructed within twenty (20) feet of the ground surface.“Wisconsin At-Grade” means a pressurized on-site wastewater treatment and disposal system which maintains a 24 inch separation distance above the limiting zone placed on the natural soil below a soil cap of a specified depth and texture.“Zone of Aeration” means a subsurface zone containing water under pressure less than that of the atmosphere, including water held by capillary and containing air or gases generally under atmospheric pressure. This zone is limited above by the land surface and below by the surface of the zone of saturation, i.e., the water table.3.0LICENSES3.1The Department shall administer a program for the licensing of percolation testers, system designers, site evaluators, system contractors, liquid waste haulers and system inspectors. The licensing program shall provide the issuance of licenses as follows;3.1.1Class A Percolation Tester: The Class license authorizes the performance of percolation tests and other types of infiltrometer testing.3.1.2Class B Designer: The Class B license authorizes the design of conventional onsite wastewater treatment and disposal systems which utilize gravity distribution systems for seepage beds and seepage trenches and lift pump stations as provided for in these Regulations. 3.1.3Class C Designer: The Class C license authorizes the design of conventional and alternative onsite wastewater treatment and disposal systems and all pressure distribution systems.3.1.4Class D – Soil Scientist: The Class D license authorizes the performance of site soil evaluations, percolation and/or permeability tests or hydraulic conductivity tests.3.1.5Class E System Contractor: The Class E license authorizes the construction, repair and installation of on-site wastewater treatment and disposal systems.3.1.6Class F Liquid Waste Hauler: The Class F license authorizes the removal or disposal of the solid and liquid contents of septic tanks, cesspools, seepage pits, holding tanks or other wastewater treatment or disposal facilities as specified and required under these Regulations.3.1.7Class GB Designer: The Class GB license authorizes the design of combined well and conventional onsite wastewater treatment and disposal systems which utilize gravity distribution systems for bed and trench designs.3.1.8Class GC Designer: The Class GC license authorizes the design of combined well and conventional and alternative onsite wastewater treatment and disposal systems and all pressure distribution systems.3.1.9Class H - System Inspector: The Class H license authorizes the inspection, investigation and data collection to make determinations regarding the present operational condition of on-site wastewater treatment and disposal systems.3.2It shall be necessary to have the Class A, Class B, Class C, Class D, Class E, Class F, Class GB, Class GC and Class H licenses in order to engage in the specified activities under Section 3.1 of these Regulations.3.3Any person seeking a license under this Section shall submit a complete application to the Department, on a standard form provided by the Department, references and pay the non-refundable application fee, if required. On-Site System Advisory Board (Board) approval to take an exam is valid for six (6) months from the date of the approval.? If the applicant has not taken the exam within that time frame, they must re-apply with a new application, references and fee. All applicants for a Class A, B, E, F, GB and/or H license will be required to pass an examination prepared and administered by the Department to test the competency and knowledge of the applicant regarding pertinent subject matter and the application and use of these Regulations. (GB and GC licenses shall not be available until Section 3.04 of the Regulations Governing the Construction and Use of Wells is amended. Class H license’s shall not become effective until one (1) year after the adoption of these Regulations.)3.4In the event an applicant fails to receive a passing grade on the examination, he/she shall be so notified by the Board within 30 days. The applicant may re-apply for a subsequent examination only after completion of a training course approved by the On-Site System Advisory Board (OSSABoard). The examination may be taken no more than twice in a twelve (12) month time period.3.5With respect to Class C licenses the following shall constitute the Department's requirements:3.5.1Registration as a Professional Engineer with the Delaware Association of Professional Engineers; and3.5.2A complete qualifications statement on approved Department forms which verify the individual's knowledge and competency in the field of onsite wastewater treatment and disposal system engineering and design.3.6With respect to Class D licenses the following shall constitute the Department's requirements for each tiered classification.3.6.1Class D.1 is licensed to perform individual site evaluations for both new construction and replacement systems. To qualify for a Class D.1 an individual must have:3.6.1.1A completed application qualifications statement on approved Department forms which verify the individual’s knowledge and competency a resume which demonstrates that the applicant has had relevant experience in the fields of soil science/classification and mapping and/or site evaluations for on-site wastewater treatment and disposal systems; provide three (3) references; and one of the following (3.6.1.2, 3.6.1.3 or 3.6.1.4)3.6.1.2Six (6) years of professional experience in soil classification, mapping and interpretation under the supervision of a ARCPACS Certified Professional Soil Classifier or Class D Soil Scientist with nine (9) semester hours in soil science and six (6) semester hours in geological sciences from accredited college or university; or3.6.1.3Four (4) years of professional experience in soil classification, mapping and interpretation under the supervision of a ARCPACS Certified Professional Soil Classifier or Class D Soil Scientist and an undergraduate degree from an accredited college or university with nine (9) semester hours in soil science and six (6) semester hours in geological sciences; or3.6.1.4Two (2) years of professional experience in soil classification, mapping and interpretation under the supervision of a ARCPACS Certified Professional Soil Classifier or Class D Soil Scientist and a graduate degree from an accredited college or university with thirty (30) semester hours in biological, physical and earth sciences and fifteen (15) semester hours in soil science; and3.6.1.5Pass a written examination administered by the Department to test the competency and knowledge of the applicant regarding site evaluations and pertinent information contained within the regulations as it relates to siting OWTDS; and one of the following (3.6.1.6 or 3.6.1.7)3.6.1.6Registration as a Professional Soil Classifier with the Federation of Certifying Boards in Agriculture, Biology, Earth and Environmental Sciences (previously ARCPACS); or3.6.1.7Pass a field practicum prepared and administered by the Site Interpretations Advisory Council and/or the soil scientists on the On-Site System Advisory Board. The field practicum shall assess whether competency exists for evaluating soils specific to Delaware.3.6.2Class D.2 is licensed to perform individual site evaluations for, both, new construction and replacement systems, soil feasibility studies, and soils reconnaissance investigations. To qualify for a Class D.2 an individual must have:3.6.2.1Four (4) years of full-time experience as a Class D.1 or two (2) years of experience as a Class D.1 and certification as a Certified Professional Soil Classifier/Soil Scientist as outlined in Section 3.6.1.6.; and3.6.2.2A completed qualifications statement on approved Department forms which verify the individual’s experience as a Class D.1 and/or professional certification.3.6.3Class D.3 is licensed to perform all soils work licensed under Sections 3.6.1 and 3.6.2 plus detailed soil investigative work (SIR) associated with LOWTDS. To qualify for a Class D.3 an individual must have:3.6.3.1Two (2) years of full-time experience as a Class D.2 and certification as a Certified Professional Soil Classifier/Soil Scientist; and3.6.3.2A completed qualifications statement on approved Department forms which verify the individual’s experience as a Class D.2 and/or professional certification.3.7With respect to Class E licenses the following shall constitute the Department's requirements for each tiered classification:3.7.1E.1 is licensed to install all conventional on-site wastewater treatment and disposal systems outlined in these regulations. To qualify for a Class E.1 an individual must have:3.7.1.1A completed qualifications statement, on approved Department forms, which verify the individual’s knowledge and competency of the application and requirements of these Regulations: and3.7.1.2A minimum of two (2) years of experience under the guidance of an experienced supervisor in the construction of on-site wastewater treatment and disposal systems or Class E system contractor. For purposes of these regulations, two (2) years of experience shall be interpreted as; a minimum of forty eight (48) OWTDS within the past five (5) years; and3.7.1.3Pass a written examination administered by the Department to test the knowledge and competency of these regulations. Upon passing the written examination the applicant may be awarded a Class E.1 license.3.7.1.4Proof of attendance at training class/certification in basic electricity.3.7.1.5The first six (6) installations must be supervised by the Department.3.7.2E.2 is licensed to install any conventional OWTDS plus Innovative and Alternative systems. To qualify for a Class E.2 an individual must:3.7.2.1Have one year of full time experience installing conventional OWTDS (as a Class E.1); and3.7.2.2Completion of a qualifications statement on approved Department forms; and3.7.2.3Have proof of attendance at training seminars/certification offered by the manufacturers for Innovative and Alternative systems; and3.7.2.4The first six installations of Innovative and Alternative systems must be supervised by the manufacturer. 3.7.3E.3 is licensed to install any system subject to permitting under these regulations including conventional OWTDS, Innovative and Alternative OWTDS, and large community systems including spray irrigation. To qualify for a Class E.2 an individual must:3.7.3.1Have four (4) years of full time experience as a Class E.2; and3.7.3.2Completion of a qualifications statement on approved Department forms. 3.8With respect to Class GB licenses the following shall constitute the Department’s requirements:3.8.1A complete qualifications statement on approved Department forms which verify the individual's knowledge and competency in the field of gravity onsite wastewater treatment and disposal systems; and3.8.2A complete qualifications statement on approved Department forms which verify the individual’s knowledge and competency in the placement of wells and the Regulations Governing the Construction and Use of Wells3.9With respect to Class GC licenses the following shall constitute the Department's requirements:3.9.1Registration as a Professional Engineer with the Delaware Association of Professional Engineers; and3.9.2A complete qualifications statement on approved Department forms which verify the individual's knowledge and competency in the field of engineering and the design of onsite wastewater treatment and disposal systems3.9.3A complete qualifications statement on approved Department forms which verify the individual’s knowledge and competency in the placement of wells and the Regulations Governing the Construction and Use of Wells3.10With respect to Class H licenses the following shall constitute the Department’s requirements:3.10.1Furnishes certification of training completed under the National Association of Waste Transporters (NAWT) certification, Pennsylvania Septage Management Association (PSMA) certification, Delaware Technical & Community College certification program or as approved by the Board.3.11Responsibilities of Licensees3.11.1All Class D licensed site evaluator soil scientists:3.11.1.1May be required to notify the Department orally or in writing at least thirty six (36) hours, excluding Saturdays, Sundays and state holidays, prior to conducting the site evaluation. This is at the sole discretion of the Department.3.11.1.2When prescribing a Wisconsin At-Grade system must include the following information:3.11.1.2.1The percolation rate of the most limiting horizon within the upper thirty six (36) inches; and3.11.1.2.2The incremental loading rate (ILR) (see Exhibit V) of each horizon within the upper twenty (20) inches; and3.11.1.2.3Provide this information in the Design Considerations and Comments Section of the approval page3.11.2All Class A, B, C, D, E, F, GB, GC and H licensees are responsible for correct and complete information submitted to the Department as it pertains to current Regulations.3.11.3All Class E licensed system contractors shall:3.11.3.1Initiate work only on systems for which a construction permit has been granted; and3.11.3.2Comply with all applicable regulations and requirements; and3.11.3.3Be responsible for the work carried out by their employees and on-site during all alternative system inspections; and3.11.3.4Submit to the Department within ten (10) days of completion of a system, a Construction Report on forms provided by the Department, signed by the licensed contractor; and3.11.3.5Notify the Department 24 hours prior to construction start up to receive an authorization number. Upon issuance of Class E license, contractors must notify the Department forty eight (48) hours prior to initial six (6) construction start ups to receive an authorization number. This authorization number will expire after fourteen (14) calendar days. ; and3.11.3.6Be the sole contact person to the Department regarding inspection call-ins, consequential changes or problems. An individual employed by the licensee may be the contact person for inspection call-ins provided that person is a Class E licensee or has been designated as a contact person in writing to the Department by the licensee prior to calling. 3.11.4All Class F licensed liquid waste haulers shall:3.11.4.1Display the name, address and permit number of the licensee in standard block letters no less than three (3) inches high on both sides of each vehicle used for hauling purposes; and3.11.4.2Equip every vehicle used for hauling purposes with a watertight tank or body and be maintained in a clean and sanitary condition. Liquid wastes shall not be transported in an open body vehicle unless contained within suitable receptacles. All pumps and hose lines shall be free of leaks; and3.11.4.3Assure all receptacles used for transporting liquid or solid wastes are watertight, equipped with tight fitting lids and are cleaned daily; and3.11.4.4Obtain prior approval in writing from the Department for every site at which a hauler plans to discharge a specified amount of waste material collected. No waste material shall be discharged on a site without such prior approval. Written approval will be based upon the applicant having satisfied the requirements of all applicable regulations adopted by the Department. Waste material collected by the hauler shall not be discharged into ditches, watercourses, lakes, ponds, tidewater or at any point where it can pollute any watercourse, water supply source, bathing area, or shellfish growing area. It shall not be deposited within 300 feet of any highway, except as provided in subpart (3.11.4.5) hereunder; and3.11.4.5Discharge liquid wastes into approved wastewater treatment facilities unless otherwise authorized by the Department, provided such facilities have sufficient capacity and capability to handle such liquid wastes; and3.11.4.6Fit all truck pumping and discharge hoses with automatic shutoff valves; andRemove all wastewater from the appropriate tanks in accordance with the guidelines as set forth by the Department; and3.11.4.8May repair, add or replace septic tank and/or holding tank risers, baffles, lids, distribution box lids and effluent filters in accordance with DNREC regulations.3.11.4.9Transporting Sludge or Septage 3.11.4.9.1For the purpose of this section, sludge and septage are divided into three types:Sludge TypePercent SolidsLiquidLess than 15%Cake15 – 35%DriedGreater than 35%3.11.4.9.2The Department may issue permits to transport sludge off-site if the Department approves of the equipment to be used, the operations plan, and the destination of the sludge.3.11.4.9.3Liquid sludge or septage can be pumped and transported by pipeline. If liquid sludge is transported by truck, rail, or barge, closed watertight vessels shall be used such as tank trucks and railroad tank cars or other vessels which can provide equivalent protection against spills and leakage.3.11.4.9.4 Cake may be transported in watertight boxes, such as dump trucks properly sealed to prevent leaks, or cement type vehicles. Unless the applicant demonstrates equivalent protection against spills and leakage, when sludge cake is transported in dump trucks, the following standards shall be met:3.11.4.9.4.1The trucks shall be equipped with splash guards firmly attached horizontally at the front and rear of the trailer;3.11.4.9.4.2Each splash guard shall cover at least 25 percent of the trailer's open area; and3.11.4.9.4.3A minimum 2 feet of freeboard shall be maintained between the sludge and the top of the trailer unless the top of the trailer is completely sealed.3.11.4.9.5The Department may require certain cake sludges to be transported as liquid sludge.3.11.4.9.6Dried sludge may be transported in open boxes, such as dump trucks, which are properly sealed to prevent leakage. The trucks shall be covered with tarps or the equivalent.3.11.4.9.7All vehicles used to transport sludge or septage shall be operated and maintained so as to be in compliance with all state and federal regulations and not present a hazard to human health or the environment through unsafe vehicle conditions. The permittee is responsible for the operation and maintenance of all vehicles operated under the permit.3.11.4.9.8All transporters of sludge or septage shall submit to the Department a plan for the prevention, control, and cleanup of accidental discharges. No transportation permit will be issued until such a plan has been submitted to and approved by the Department.3.11.4.9.9All transporters shall at all times maintain commercial automobile liability insurance with a combined single limit of at least $100,000, and shall submit a Certificate of Insurance demonstrating compliance with this regulation. All persons subject to these regulations that were permitted to transport in Delaware before the adoption of this requirement shall be subject to the requirement upon renewal of their permit, or 90 days after adoption of the part, whichever is first.3.11.4.10Permitting Transportation3.11.4.10.1A description of the sludge to include the source of the sludge, the quantity to be transported, and any treatment the sludge has undergone before transportation (for example anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering).3.11.4.10.2Results of a laboratory analysis of a representative sample of the sludge which was obtained not more than 6 months before submission of the application unless these results would be submitted as a part of the land application program. The analysis shall include, as a minimum, percent solids, pH, and the dry weight concentration of total nitrogen, ammonium, nitrate, total phosphorous, total potassium, cadmium, copper, mercury, nickel, lead, zinc, arsenic, selenium, and molybdenum. The Department may require more frequent analyses and analyses for other sludge constituents if considered necessary to adequately assess the potential public health, environmental, and nuisance impacts of the project. The Department will waive the requirement for domestic septage.3.11.4.10.3A description of all equipment to include collection, short-term holding, handling, and wash down equipment, as well as a detailed description of the transport vehicles to include type, size, number, and all modifications made to prevent spills and leaks.3.11.4.10.4An operations plan to include transportation route, days and hours of operation, spill reporting and cleanup plans, plans to keeping transportation vehicles clean, and recordkeeping procedures.3.11.4.10.5The destination of the sludge and a description of what is to be done with the sludge at the destination.3.11.4.10.6Other relevant information requested by the Department.3.11.5All Class H System Inspectors shall:3.11.5.1All inspections of on-site wastewater treatment and disposal systems shall be submitted to the Department on forms approved by the Department (see Exhibit A for the inspection form example and guidelines). These forms shall be submitted within seventy two (72) hours of inspection completion.3.11.5.2Any Class H system inspector may be required to notify the Department orally or in writing at least thirty-six (36) hours, excluding Saturdays, Sundays and state holidays, prior to conducting a system inspection. This is at the sole discretion of the Department.3.11.5.3All Class H licensed system inspectors shall:3.11.5.3.1Comply with all applicable regulations, requirements and guidelines; and3.11.5.3.2 Be responsible for the work carried out by their employees and on-site during all inspections; and3.11.5.3.3Ensure all wastewater and septage is removed from the appropriate tanks by a Class F liquid waste hauler in accordance with the regulations; and3.11.5.3.4May repair, add or replace septic tank and/or holding tank risers, baffles, lids, distribution box lids and effluent filters; and3.11.5.3.5Notify the Department, when newly licensed, within thirty-six (36) hours prior to the initial three (3) system inspections performed.3.11.6Any person who engages in the practice of professional engineering or professional geology in the specified activities under this Section shall be duly registered in conformance with the requirements of the laws of the State of Delaware.3.12The Department may issue temporary Class A, B, or E licenses to property owners who wish to conduct their own percolation testing, system design, or system installation on their own property and for their own use. Certification of the intended use will be required. The applicant shall submit an application on Department forms along with any required fee and shall demonstrate his competency in those fields by successfully completing a test conducted by the Department. The term of the temporary Class A, B, or E license shall expire upon completion of work conducted by the applicant for which the permit was issued. There will not be a temporary Class E license granted for alternative system installations.3.13In exercising exclusive licensing authority under this section, the Department shall seek the views of an OnSite Systems Advisory Board (Board) regarding licensing matters. The Board shall consist of eight (8) members designated by the Secretary. The Board shall, if possible, have one (1) member who is a representative of the Department, one (1) member who is a Professional Engineer, one (1) member who is a Professional Geologist, one (1) member who is a representative of the USDA, one (1) member who is a Class D soil scientist, and one (1) member who is a Class E system contractor, one (1) member who is a Class F liquid waste hauler and one (1) member who is a Class H system inspector. The members of the Board shall serve at the discretion of the Secretary. The Board shall advise the Department on matters relating to issuance of Class A, Class B, Class C, Class D, Class E, Class F, Class GB, Class GC and Class H licenses.3.13.1Upon adoption of these Regulations, the applicant for a license renewal shall submit with the renewal application proof that he/she has attended and/or satisfactorily completed a minimum of ten (10) hours of continuing education training relating to the wastewater industry. This is to include siting, design, construction, operation and/or maintenance of on-site wastewater treatment and disposal systems. Class D soil scientists not ARCPAC certified must attend at least three (3) hours of soil related curriculum. Any training must be sponsored by recognized governmental, educational or industrial groups which include equipment manufacturers and be approved by the OSSA Board. The number of hours of continuing education for first year licensees will be decided by the OSSA Board and be based upon license issuance date.3.13.2The Secretary may suspend or revoke the license of a Class A, B, C, D, E, F, GB, GC or H licensee after considering the recommendations of the OnSite Systems Advisory Board and demonstration that the licensee has practiced fraud or deception; that reasonable care, judgment, or the application or their knowledge or ability was not used in performance of their duties; or that the licensee is incompetent or unable to perform their duties properly and;3.13.2.1Violated any provision of these Regulations;3.13.2.2Violated any lawful order or rule rendered or adopted by the Department;3.13.2.3Obtained his/her license or any order, ruling, or authorization by means of fraud, misrepresentation, or concealment of material facts;3.13.2.4Failure to obtain the necessary hours of continuing education training required by these Regulations;3.13.2.5Been found guilty of misconduct in the pursuit of his/her profession3.14Any person whose application for a license has been denied or person whose license has been suspended or revoked shall be notified in writing and provided reasons for the decision. Within twenty (20) days of notification, the person shall notify the Secretary, in writing, if an appeal pursuant to 7 Del. C., Chapter 60, Section 6008 is to be requested. If no appeal request is received within the designated period the decision shall become final.3.15Licenses issued pursuant to this Section are not transferable and shall expire on December 31st of each year. A license may be renewed for one year without examination for an ensuing year provided the licensee makes application for renewal by November 30th of each year, shows proof of the number of hours of continuing education training and pays any applicable renewal fees adopted by the Department. If the licensee fails to renew the license he/she may reapply, without examination, within the first year. If more than a year passes the licensee must reapply for the license and take all necessary examinations. A reminder will be sent to the licensee to renew his/her license by the Department. This reminder will be sent to the address on file for the licensee. It is the licensee’s responsibility to renew the license yearly and notify the Department of any changes.4.0SMALL SYSTEMS (< 2,500 GPD)4.1General Standards, Prohibitions and Provisions4.1.1Each and every owner of real property is jointly and severally responsible for:4.1.1.1Disposing of wastewater in conformance with all applicable Regulations; and4.1.2.1Connecting all plumbing fixtures on that property, from which wastewater is or may be discharged, to a central wastewater system or onsite wastewater treatment and disposal system approved by the Department; and4.1.3.1Maintaining, repairing, and/or replacing the system as necessary to assure proper operation of the system.4.1.2No person shall construct, install, modify, rehabilitate, or replace an onsite wastewater treatment and disposal system or construct or place any dwelling, building, mobile home, manufactured home or other structure capable of discharging wastewater onsite unless such person has a valid permit issued by the Department pursuant to these Regulations.4.1.3No permit may be issued by the Department under these Regulations unless the county or municipality having land use jurisdiction has first approved the activity through zoning procedures provided by law.4.1.4Any county governmental unit may assume responsibility and authority for administering its own regulatory program for onsite wastewater treatment and disposal systems pursuant to 7 Del. C., Chapter 60, Section 6003(d) if the delegated program establishes standards no less stringent than the standards established in these Regulations. 4.1.5Administrative and judicial review and the enforcement under these Regulations shall be in accordance with the provisions of 7 Del. C., Chapter 60.4.1.6If any part of these Regulations, or the application of any part thereof, is held invalid or unconstitutional, the application of such part to other persons or circumstances, and the remainder of these Regulations, shall not be affected thereby and shall be deemed valid and effective.4.1.7These Regulations, being necessary for the health and welfare of the State and its inhabitants, shall be liberally construed in order to preserve the land, surface water and ground water resources of the State.4.1.8At the sole discretion of the Department, if the proposed operation of a system may cause pollution of public waters or create a public health hazard, system installation or use shall not be authorized.4.1.9All wastewater shall be treated and disposed of in a manner approved by the Department.4.1.10No person shall dispose of wastewater at any location not authorized by the Department under applicable laws and regulations for such disposal.4.1.11Discharge of untreated or partially treated wastewater or septic tank effluent directly or indirectly onto the ground surface or into surface waters of the State, unless authorized by a permit issued by the Department, constitutes a public health hazard and is prohibited.4.1.12No cooling water, air conditioning water, groundwater, oil, water softener brine backwash or roof drainage shall be discharged into any system without specific authorization of the Department. Water softener backwash shall be discharged in a manner that does not allow surface discharge (curtain drain see Exhibit FF).4.1.13Except where specifically allowed within these Regulations, no person shall connect a dwelling or commercial facility to a system if the total projected wastewater flow would be greater than that allowed under the original system construction permit.4.1.14Each system shall have adequate capacity to properly treat and dispose of the maximum projected daily wastewater flow. The quantity of wastewater shall be determined from these Regulations or other information the Department determines to be valid that may show different flows.4.1.15A permit to install a new system can be issued only if each site has received an approved site evaluation and is free of encumbrances (e.g., easements, deed restrictions, etc.) which could prevent the installation or operation of the system from being in conformance with these Regulations.4.1.16A recorded utility easement is required whenever a system crosses a property line separating property under different ownership. The easement must accommodate that part of the system, including setbacks, which lies beyond the property line, and must allow entry to install, maintain and repair the system.4.1.17Whenever real property is recorded as two separate lots under common ownership and an onsite wastewater treatment and disposal system crosses the common boundary of the recorded lots, the owner shall execute and record, in the appropriate county office of Recorder of Deeds, an affidavit which notifies prospective purchasers of this fact on a form approved by the Department.4.1.18Except as provided in these Regulations, the spare area shall be kept vacant, free of vehicular traffic (including construction trafficking) and soil modifications.4.1.19All systems shall be operated and maintained so as not to create a public health hazard or cause water pollution.4.1.20Exhibits A through NN are incorporated into these Regulations by reference.4.1.21No person shall transfer any portion of real property if the transfer would create a lot boundary which would cross an existing system or any part thereof including required setbacks and isolation distances unless, a utility easement is granted to the owner of the existing system and recorded in the appropriate county office of Recorder of Deeds.4.1.22The Department shall have the power to enter, at reasonable times, upon any private or public property for the purpose of inspecting and investigating conditions relative to the enforcement of these Regulations.4.1.23No person shall transfer any portion of real property after the issuance of a permit pursuant to these Regulations if the transfer would result in the use of the permitted onsite system on a lot which does not comply with these Regulations and the terms of the permit, including density, set back and isolation distance requirements.4.1.24A licensed electrician is required for all electrical connections unless otherwise specified in the permit.4.1.25FEMA guidelines must be adhered to when siting OWTDS’s in flood prone areas designated as “V” zones prior to permitting.4.1.25.1Certification by a registered professional engineer (Class C) that all new and replacement on-site wastewater treatment and disposal systems, including holding tanks, are located and designed to minimize or eliminate flood damage, infiltration of floodwaters into the tank and discharges from the system into floodwaters. New and replacement on-site wastewater treatment and disposal systems shall be located so as to minimize alterations to sand dunes which would increase potential flood damage.4.1.26Moratorium Areas4.1.26.1As soon as the Department determines that construction of on-site wastewater treatment and disposal systems should be limited or prohibited in an area, it shall issue an order limiting or prohibiting such construction.4.1.26.2The order shall be issued only after a public hearing which shall insure that twenty (20) days notice is given.4.1.26.3The order shall contain a specific description of the moratorium area and shall be limited to the area immediately threatened with ground water or surface water contamination if construction in that area continues.4.1.26.4In issuing an order under this Section the Department shall consider the factors contained in 7 Del. C., Chapter 60, Section 6001.4.1.26.5The moratorium shall be limited to a period of five (5) years after which re-establishment of the moratorium may be considered.4.1.27A central wastewater system shall be deemed physically available if its nearest connection point from the property to be served is:4.1.27.1For a single family dwelling, or other establishment with a maximum projected daily wastewater flow of not more than five hundred (500) gallons within two hundred (200) feet;4.1.27.2For a proposed subdivision or group of two (2) to five (5) single family dwellings, or equivalent projected daily wastewater flow, not further than two hundred (200) feet multiplied by the number of dwellings or dwelling equivalents.4.1.27.3For proposed subdivision or other developments with more than five (5) single family dwellings, or equivalents, the determination of central wastewater availability shall be in the sole discretion of the Department.However, a central wastewater system shall not be considered available by the Department if topographic or manmade features make connection physically impractical.4.1.28A central wastewater system shall be deemed legally available if the system is not under a Department connection permit moratorium and the wastewater system owner is willing or obligated to provide sewer service.4.1.29When a central wastewater system is deemed both physically and legally available, as outlined in Sections 4.3.7 and 4.3.8, the connection must occur within a timeframe as set forth by the wastewater system owner. The existing system must be abandoned in accordance with Section 4.3.16.4.1.30Siting DensityThe minimum isolation distances and siting densities set forth in these Regulations shall be maintained when designing, locating, constructing, repairing, replacing and installing holding tanks, commercial and individual on-site and community wastewater treatment and disposal systems.4.1.30.1The following maximum siting densities shall be maintained:4.1.30.1.1For residential dwellings, the maximum siting density shall be one (1) dwelling unit per one half (1/2) acre. 4.1.30.1.1.1For single family residences, only the area within the property lines of the lot shall be considered.4.1.30.1.1.2For multiple family dwellings or where more than one (1) dwelling is to be served by an onsite wastewater treatment and disposal system, the maximum siting density shall be based on the net pervious area (i.e., unpaved, without structures) available for groundwater recharge after total project completion. The following criteria shall be utilized in determining the maximum siting densities:4.1.30.1.1.2.1For projects utilizing only a septic tank for treatment prior to discharge to the absorption facility, the maximum siting density shall be one (1) dwelling unit per one half (1/2) acre of pervious area.4.1.30.1.1.2.2For projects utilizing advanced treatment systems, in conformance with standard engineering practice and providing higher degrees of nitrogen removal, the maximum siting density shall be determined based on the degree of nitrogen removal prior to discharge to the absorption facility. The degree of nitrogen removal required will be determined in accordance with Exhibit U. The degree of nitrogen removal may be adjusted in accordance with a schedule for total project completion submitted by the applicant and approved by the Department. The owner of a treatment system which provides a higher degree of nitrogen removal shall post a performance bond or certified letter of credit in an amount equal to the total cost of the treatment system for the project. The performance bond shall be held by the Department until, such time as the treatment system demonstrates an acceptable level of compliance with the terms and conditions of a permit for a minimum period of one (1) year. Upon demonstration of a satisfactory level of compliance, the performance bond or certified letter of credit will be returned to the owner.4.1.30.1.2For commercial facilities the maximum siting density shall be established by dividing the projected design flow by five hundred (500) gallons per day per one half (1/2) acre and shall be based on the net pervious area (i.e., unpaved, without structures) available for groundwater recharge after total project completion. Campgrounds intended for overnight or transient use are evaluated as commercial facilities as opposed to manufactured home communities, which are evaluated as single family residential facilities.4.1.30.1.3In establishing maximum siting densities the Department may consider impervious areas where it can be demonstrated that through the establishment of an acceptable stormwater management plan, all runoff will be recharged to the groundwater of the State within the boundaries of the project site. Stormwater management plans shall be based upon a ten (10) year - one (1) hour storm event, as a minimum, and provide recharge of the runoff within seventy two (72) hours of the storm event.4.1.30.2If the deed or instrument, under which an owner acquired title to a lot or parcel, was of record prior to April 8, l984 and if such lot or parcel does not conform to the requirements of Section 4.1.26.1.1, then the Department may approve a feasibility study and/or issue a construction permit for an onsite wastewater treatment and disposal system. This system is to serve a single family dwelling or for multiple systems to serve dwellings to be situated within an area which has been given final site plan approval prior to April 8, l984 for single or multifamily dwellings provided that:4.1.30.2.1The number of dwelling units per net pervious area (i.e., unpaved, without structures) does not increase from those approved prior to April 8, l984 by the local governmental unit having jurisdiction; and4.1.30.2.2At the time the permit is issued or feasibility study is approved, the lot or parcel complies with the requirements of Section 3.0 through Section 4.0 of these Regulations. When it may be necessary to increase the net pervious area or reduce the number of dwelling units within a lot or parcel and thus create a new date of recordation or final site plan approval, the Department shall utilize the previous date of recordation or approval in determining conformance with these Regulations. The owner shall provide, prior to any action by the Department, all documentation determined by the Department to be necessary in establishing conformance with this section.4.1.30.3For lots created by plats or deeds recorded after April 8, l984 and/or when the onsite wastewater treatment and disposal system will serve a commercial facility, the Department may approve a feasibility study and/or issue a construction permit for a new onsite wastewater treatment and disposal system if it is determined that all Regulations of the Department can be met.4.1.30.4The requirements of this Section are subject to waiver by the Department for a specific area upon petition by an appropriate governmental unit. Such petition shall provide reasonable evidence that development using individual onsite wastewater treatment and disposal systems will not cause unacceptable degradation of groundwater quality or surface water quality or it shall provide equally adequate evidence that degradation of groundwater or surface water quality will not occur as a result of such waiver.4.1.31Whenever the preparation of reports or other documents required by these regulations involves the practice of engineering, geology or other recognized profession under Delaware law, sufficient evidence of appropriate certification or registration in accordance with Title 24 of the Delaware Code must be submitted by the preparer.4.2Soil Investigations4.2.1 Site Evaluation Procedures4.2.1.1A site evaluation is the first step in the process of obtaining a construction permit for an onsite wastewater treatment and disposal system. Any person applying for a permit to install a new or replacement onsite wastewater treatment and disposal system shall first obtain a site evaluation report prepared by a Class D soil scientist. The Department shall conduct site evaluations only for Home Rehabilitation Loan Programs (HRLP), block grant households, State Revolving Fund (SRF) sites and other qualifying income programs with similar criteria.Site evaluations performed for the purpose of siting large/community systems refer to the necessary criteria in Section 5.2.4.2.1.2Each report shall be for one residential or commercial structure and completed in full and be accompanied, at a minimum, by approval page(s) (excluding sites not suitable for conventional on-site wastewater treatment and disposal systems (OWTDS)), report page(s), site drawing, soil profile notes, zoning verification form and the appropriate fee. The site evaluation report shall contain specific site conditions or limitations including, but not limited to, isolation and separation distances, slopes, existing wells, cuts and fills, and unstable landforms.4.2.1.3The Class D soil scientist shall specify on the approval page the type of on-site wastewater treatment and disposal system that may be constructed in the acceptable on-site disposal area as indicated on the site drawing. Any other on-site wastewater treatment and disposal options available in the evaluated area shall be specified by the Class D soil scientist. The evaluator scientist shall either assign a percolation rate or have the appropriate hydraulic conductivity or percolation test conducted in the proposed disposal area prior to submittal. 4.2.1.4A site drawing drawn to scale showing the information referenced in Section 4.2.1.9. All site drawings are required to show a reference point such as a numbered utility pole, telephone or electrical box, building(s), property corners or fixed survey marker. A minimum of two such reference points shall be noted on the site drawing. when no land survey boundary stakes or markers are readily identifiable in the field, or if the site drawing is not based on a survey conducted by a licensed land surveyor. However, if the site drawing is based on a survey conducted by a licensed land surveyor, the property corner stakes or markers will suffice for identification of the parcel. Site drawing(s) shall be based on an even number scale (i.e.10, 15, 20), not to exceed 1 inch equals 100 feet. Any site drawing exceeding the dimensions of 8.5 inches X 11 inches must be submitted in duplicate.4.2.1.5Showing the location of all on-site and adjacent wells within 150 feet of the approved soils area is the responsibility of the Class D soil scientist. The following procedure shall be used in all cases when on-site or adjacent well(s) cannot be located. For instances where the on-site or adjacent well(s) are below ground and the homeowner or adjacent property owner states that the well is located in a certain area, this information shall suffice for verification of well location. Any well(s) that cannot be verified must be researched through the Water Supply Section of the Department. The search attempts to locate any well(s) that are near the affected parcel. If, after this search is completed, the well location(s) cannot be identified the Class D soil scientist can state “records were researched under this property owner’s name and no information was found”. The Department then sends a letter to the adjacent well owners notifying them of the need to locate their well(s) due to the future installation of an on-site wastewater treatment and disposal system. If no response is rendered within fifteen (15) days of receipt then the new system is to be designed to maximize the isolation distance from the property line.4.2.1.6A site evaluation prescription shall follow an approach that includes consideration of topography, available area, slope gradient and uniformity, soil profile (thickness and depth of each horizon, color, percolation, absorption rate, redoximorphic features, texture (see Exhibit B), and zones of saturation), drinking water supplies, bodies of water, and shellfish growing areas. All suitable soils within the evaluated area shall be delineated regardless of isolation distances, encumbrances and easement requirements as well as any of the above conditions which may exist.4.2.1.7All soil borings, holes and/or pits shall be flagged, identified and adequately shown on the site drawing.4.2.1.8 In describing the soils and soil profile, the soil scientist shall adhere to the procedures and techniques provided in the latest edition of the Soil Survey Manual, USDA Agricultural Handbook No. 18, as published by the U.S. Department of Agriculture.4.2.1.9The report shall contain, at a minimum, a site drawing and observations of the following site characteristics, if present:4.2.1.9.1Parcel size, location map of project site, configuration and approximate dimensions4.2.1.9.2Slope percent and direction4.2.1.9.3Surface streams, springs or other bodies of water and their definition (i.e. shellfish, intermittent, ephemeral, etc.)4.2.1.9.4Existing wells within 150 feet of approved soils area4.2.1.9.5Escarpments4.2.1.9.6Cuts and fills4.2.1.9.7Unstable landforms4.2.1.9.8A representative number of soil profile descriptions (minimum of 3 soil borings or 2 test pits per acre) and one soil profile description per design area in the evaluated area(s). and These shall identify the soil series or classification to the taxonomic subgroup level (i.e. Sassafras or Typic Hapludult). The geographic coordinates of each representative soil boring, a minimum of two (2), must be determined by a global positioning system. The coordinates should be reported in the following format – Latitude DD.ddddd & Longitude DD.ddddd – (5 decimal places are required for accuracy).4.2.1.9.9Zones of saturation (as indicated by redoximorphic features) 4.2.1.9.10Approved soils area(s) with extents delineated4.2.1.9.11Encumbrances4.2.1.9.12Central wastewater or water systems availability4.2.1.9.13Any other applicable information such as hydric soils (if any recorded state or federal wetlands) or refer to Statewide Wetland Mapping Project (SWMP) Location of any wetlands, if delineated4.2.1.9.14Any overhead utilities4.2.1.9.15Existing dwellings4.2.1.9.16Existing on-site and adjacent wastewater treatment and disposal systems4.2.1.10 The application/construction permit report may be submitted with the site evaluation, in an emergency situation, when there is a public health risk associated with a malfunctioning system. The permit shall not be approved until the site evaluation is reviewed and complies with these Regulations. Site evaluations needed to replace the malfunctioning system shall be given a priority review. 4.2.1.11Once received, the report shall be reviewed for compliance with current Regulations by a DNREC Environmental Scientist with a soil science background. If the report is in noncompliance, the Class D soil scientist shall be notified. The Class D soil scientist shall contact the Department to rectify the discrepancy. The Department shall not modify any site evaluation report unless requested by the Class D soil scientist. The corrections shall be submitted to the Department from the evaluator and a corrected copy to the owner, etc. The review process, which may include a field check, shall take place within ten (10) working days of receipt. (NOTE: If approval cannot be issued within ten (10) working days, the property owner or authorized agent shall be notified of the delay and a tentative date of approval or denial shall be given). Once approved, the report shall be mailed to the property owner or his/her authorized agent. A percentage of randomly chosen site evaluations submitted shall be field verified by DNREC staff. Site evaluations’ requiring test pits should be reported to the Department prior to conducting the site evaluation.4.2.1.12 Approval of a site evaluation indicates only that the site evaluation was conducted in compliance with these Regulations. It is not an indication of the correctness or quality of the site evaluation or an indication that a permit can be issued.4.2.1.13The approved site evaluation report shall indicate the type of the initial and type of replacement system for which the site is approved.4.2.1.14 Technical regulation changes shall not invalidate an unexpired approved site evaluation but may require the use of a different type of system.4.2.1.15The approved site evaluation shall be valid for five (5) years from the date of the Department’s approval or the adoption of this Regulation revision unless a subdivision base plan restricting well and on-site wastewater treatment and disposal system locations has been approved by the Department and recorded in the local Recorder of Deeds Office. After the five (5) year period, a site evaluation as outlined in Section 4.2.1 shall be submitted to the Department for approval. This site evaluation will be reviewed as outlined in Sections 4.2.1.10 and 4.2.1.11.4.2.1.16Supplemental soil information submitted after the original site evaluation has been approved shall include a revised approval page, report page, soil profile notes, and revised site drawing locating supplemental borings/test pits. In all cases, the new report shall be approved provided all criteria for approval are met. If the purpose of supplemental work is to change the type of system previously prescribed, another review fee shall be required. Likewise, any borings/test pits conducted greater than 100 ft. from the previously approved area, with or without a system change, or lot reconfiguration shall require a review fee. On larger parcels, the area evaluated shall be delineated on the site drawing. 4.2.1.17The Department shall issue a notice of its intention to deny a site evaluation when appropriate. Alternative technologies for onsite wastewater treatment and disposal systems, if appropriate, may be included in the letter. The applicant still maintains his/her right to appeal the decision of the Secretary, within twenty (20) days of receipt, in accordance with 7 Del. C., Chapter 60, Section 6008. 4.2.1.18 A property owner or agent has the option to use observation wells and/or piezometers to demonstrate that redoximorphic features are not an indication of zones of saturation. Section 4.2.3 provides The following procedures for the use of observation wells/piezometers to determine the depth and duration of zones of saturation. Shall be implemented.4.2.2Preliminary Wastewater Treatment & Disposal Review Soil Feasibility Study4.2.2.1It is the policy of the Department to facilitate compliance with these Regulations through review of proposed development projects as early as possible in the development process to avoid unnecessary conflicts and expense. Any development project, which may or may not constitute a major subdivision, can submit a feasibility study to satisfy other local government approval processes. Any project that proposes to use individual onsite and/or community/large wastewater treatment and disposal systems must submit a letter of intent prior to initiating any preliminary soil investigations.4.2.2.2The letter of intent must contain the following details:4.2.2.2.1The name of the Developer and landowner;4.2.2.2.2The size, tax map number, watershed, zoning certificate for and the location of the parcel; 4.2.2.2.3Number of proposed lots or projected flow rates;4.2.2.2.4Projected start date of site/soil investigative work; and4.2.2.2.5 Name of the Class D Soil Scientist and contact information4.2.2.3If the proposed number of lots is ≥ fifty (50) and ≥ fifty (50%) percent of the on-site soils have limiting zones < forty eight (48) inches or the number of lots is ≥ one hundred (100) or a large on-site wastewater treatment and disposal system (LOWTDS) is proposed, proceed to the requirements of Section 5.2, if not, proceed to Section 4.2.2.5 . If a preliminary review is desired pPrior to the submission of a SIR, the soil scientist may submit a soil feasibility study in accordance with Section 4.2.2.4. 4.2.2.4A soil feasibility study for a LOWTDS shall contain the following information:4.2.2.4.1Site plan drawn to scale not to exceed one (1) inch equals two hundred (200) feet4.2.2.4.2Illustrate topography on two (2) foot contour intervals unless the Department approves the use of an alternate scale due to extreme variations in the elevation on the site4.2.2.4.3Conduct a soil suitability evaluation of the project site following the procedures prescribed in Section 4.2.1. The area of investigation should be concentrated within the proposed LOWTDS. The soil scientist must demonstrate the area proposed for the LOWTDS represents the best soils on the project site. The extent and nature of the soil evaluation shall be determined by the Class D soil scientist.4.2.2.4.4Based on preliminary design criteria established by the Class D soil scientist, as a result of the soils evaluation, a preliminary engineering study prepared by a Class C designer must be included which demonstrates the suitability of the evaluated area for the proposed number of lots. The engineering study must include, at a minimum, the proposed method of disposal, proposed treatment levels, and proposed design flow rates, along with preliminary calculations/layout to demonstrate there is sufficient area for both the initial and replacement system.4.2.2.4.5The Department may ask for any additional information deemed necessary on a case-by-case basis to make a statement of feasibility.4.2.2.5A soil feasibility study shall be filed with the Department setting forth the proposed manner of compliance with these Regulations. The soil feasibility study shall contain the following information:4.2.2.5.1Site plan must be drawn to scale not to exceed one (1) inch equals two hundred (200) feet4.2.2.5.2Illustrate topography by two (2) foot contour intervals unless the Department approves the use of an alternate scale due to extreme variations in elevation on the site4.2.2.5.3Illustrate the approximate location of all wells, watercourses, roads and on-site wastewater treatment and disposal systems within one hundred fifty (150) feet of the perimeter of the property4.2.2.5.4Conduct a soil suitability evaluation of the project site following procedures prescribed in Section 4.2.1. The extent and nature of the soil evaluation shall be determined by a Class D soil scientist. The soil scientist shall coordinate the planning of the soils evaluation with the Department prior to initiating work4.2.2.5.5Indicate the type of limiting zone, its depth, and list the results of the site and soils analysis on the appropriate forms4.2.2.5.6Each soil interpretative unit identified for potential on-site wastewater treatment and disposal shall have at least one (1) percolation test conducted within it to establish representative percolation rates for each interpretative unit 4.2.2.5.7Lot numbers and approximate lot areas shall be provided4.2.2.5.8A general site location map shall be included on the preliminary plan for reference identification of the area4.2.2.5.9Proposed stormwater management areas4.2.2.5.10Location of any jurisdictional wetlands, if delineated4.2.2.5.11Any other information required by the Department on a case by case basis.4.2.2.6The Department shall conduct a general review of the preliminary plan and give the owner/developer a statement of preliminary subdivision feasibility which shall contain a statement of on-site wastewater treatment and disposal feasibility. This Section shall not be construed to relieve the applicant of the responsibility of obtaining individual site evaluations and permits from the Department for each lot prior to commencement of construction of any onsite wastewater treatment and disposal system.4.2.3Observation Wells/Piezometers4.2.3.1Determining the zones of saturation using observation wells and/or piezometers Observing water table fluctuations shall follow these procedures:4.2.3.1.1The property owner or authorized agent shall notify the Department, in writing, to “Request of the intent to use observation wells and/or piezometers” to determine the zones of saturation which must include the following details;4.2.3.1.1.1The name of the developer and/or property owner;4.2.3.1.1.2The size, tax parcel number, zoning certificate for and location of the parcel;4.2.3.1.1.3Contact information of the property owner and/or developer (address/phone);4.2.3.1.1.4Names of the Class D soil scientist and person reading the wells, if different;4.2.3.1.1.5Projected date of observation well/piezometer installation;4.2.3.1.1.6Projected date of reading commencement;4.2.3.1.1.7Reason for request 4.2.3.1.2 At least three (3) observation wells and/or piezometers shall be installed and monitored at a site. If, in the judgment of the Department, more than three (3) are needed, the property owner or agent shall be notified in writing within ten (10) days of receipt of the letter of intent. The Class D soil scientist shall provide the following information:4.2.3.1.2.1A minimum of three (3) logged soil profile notes for borings performed within the proposed monitoring area.4.2.3.1.2.2Site evaluation report page summarizing soil/site conditions.4.2.3.1.2.3Sketch showing observation well/piezometer locations.4.2.3.1.3The Department shall review the submittals and provide comments/concerns, if any, regarding the proposed request and/or soils information.4.2.3.1.3 The design illustrated in Exhibit Y shall be used when constructing observation wells and/or piezometers. At least two (2) wells/piezometers shall extend to a depth of six (6) feet, at a minimum, below ground surface. However, with layered mottled soil over permeable unmottled soil, at least one (1) well/piezometer shall terminate within the mottled layer. Site conditions may, in some cases, require monitoring at greater depths. It shall be the responsibility of the Class D soil scientist to determine the depth of the observation wells and/or piezometers for each site and, if in doubt, they shall request the guidance of the Department.4.2.3.1.4 All observation wells are required to be permitted in accordance with the current Regulations Governing the Construction and Use of Wells.4.2.3.1.5 Observation wells and/or piezometers shall be installed by or under the direct on-site supervision of a well driller licensed by the State of Delaware in accordance with the current Regulations Governing the Construction and Use of Wells and Exhibit Z. Observation wells and/or piezometers shall extend to a depth of at least six (6) feet below ground surface. Site conditions may require monitoring at greater depths or intervals. It shall be the responsibility of the Class D soil scientist to determine the depth of installation with guidance provided by the Department, if solicited.4.2.3.1.6 The observation wells and/or piezometers must be installed prior to December 1st and monitoring will commence of this date as well. Monitoring will continue through May 15th of the following year as outlined below. of water levels shall be done by an individual who is licensed by the Division of Water Resources. The property owner/agent or any relative shall not, at anytime, be allowed to monitor the water levels of these wells.4.2.3.1.7 The preferred monitoring is from December 1st through May 15th of the following year to verify the depth and duration of the zones of saturation during years of near normal precipitation for fall, winter and spring seasons. However, the Class D soil scientist may, at his/her discretion, allow clients to install wells at any time he/she deems appropriate. Depending on when peaks are observed, the State may or may not accept the monitoring for that season. A near normal monitoring period is defined as a period that has plus or minus one standard deviation of the long term mean annual precipitation. (Long term refers to 30 or more years). Also, the mean monthly precipitation during a normal period must be plus or minus one standard deviation of the long term monthly precipitation for 8 of the 12 months. For the most part, normal years can be calculated from the mean annual precipitation. Monitoring must be performed by Class B, C or D licensees. Monitoring shall occur, at a minimum, weekly throughout the monitoring period. If water is observed above 18 inches for siting OWTDS, more frequent observations are warranted. For the purposes of siting an OWTDS via observation wells and/or piezometers the hydrologic limiting zone will be determined based on the average of all readings taken within a fourteen (14) consecutive day period during the wet season determined to represent the seasonal peak water table levels.4.2.3.1.7.1The Department shall field check the monitoring periodically during the time of expected saturated soil conditions at their discretion.4.2.3.1.7.2The Department may, at any time during the observation period, verify the observed water depth by conducting a soil boring next to, and of equal depth with, any of the observation wells/piezometers. If the water level in the fresh boring, after twenty four (24) hours, presents a discrepancy with the water level observed in the well/piezometer, then at the discretion of the Department, the data may be declared invalid. If the data is declared invalid, then the Department will notify the owner in writing of the invalid data within ten (10) days of determination.4.2.3.1.8It shall be the responsibility of the Department to evaluate if precipitation levels occurring during the monitoring period are sufficient for accepting data. If, in the estimation of the Department, insufficient precipitation was received, observation wells and/or piezometers may have to be monitored an additional wet season. A near normal monitoring period is defined as a period that has plus or minus one standard deviation of the long term mean annual precipitation. (Long term refers to 30 or more years). Also, the mean monthly precipitation during a normal period must be plus or minus one standard deviation of the long term monthly precipitation for 8 of the 12 months. For the most part, normal years can be calculated from the mean annual precipitation.4.2.3.1.9Should the precipitation and long-term groundwater levels be significantly below or above normal, a mathematical analysis may be utilized under the direction of the Department to correlate present data with past years. The methodology and validity of such analysis is at the sole discretion of the Department.4.2.3.1.10When monitoring determines that the site is suitable, the Department will request that a new site evaluation be submitted in compliance with these Regulations. The monitoring information must be incorporated into the new site evaluation. An approved site evaluation report shall be issued indicating the appropriate system type(s).4.2.3.1.11Observation wells and/or piezometers are required to be abandoned in accordance with the current Regulations Governing the Construction and Use of Wells.4.2.4Soil Percolation Rate Determination 4.2.4.1Percolation rates are assigned by State environmental scientists and Class D soil scientists based upon observed soil structure and textures during the site evaluation. The Department has established percolation rates based upon USDA soil textures (see Exhibit Y). 4.2.4.2Soil Percolation Test4.2.4.2.1The soil percolation test shall provide a measure of the rate at which water moves from an uncased bore hole into the surrounding soil under nearly constant head in both vertical and horizontal directions.4.2.4.2.1One soil percolation test shall consist of three (3) test holes.4.2.4.2.2The percolation test shall be performed only after a site evaluation has indicated that the soil may be suitable for an onsite wastewater treatment and disposal system. The percolation test shall be used to determine the rate at which wastewater effluent can be expected to seep into the soil. This rate shall be used in conjunction with a projected daily flow rate to determine the area required for proper treatment and disposal. 4.2.4.2.3The depth of the percolation test holes shall not be determined until a site evaluation is completed and a limiting zone, if any, is identified. The depth of the percolation test holes shall be as follows:4.2.4.2.3.1If the limiting zone occurs at least twenty (20) inches from the soil surface, the percolation test holes shall be within the soil horizon that is controlling the water movement vertically and/or horizontally to a depth of sixty (60) inches.4.2.4.2.3.2If the limiting zone occurs at less than twenty (20) inches from the surface, the site is unsuitable for a conventional onsite wastewater treatment and disposal system. However, if replacing a failing or malfunctioning system, item (a) should be used without regard for the twenty (20) inch limiting condition. In situations where sand-lining through an impermeable or less permeable horizon within the top forty eight (48) inches, a percolation test should be performed within the soil zone which is controlling the water movement vertically and/or horizontally beneath the restrictive material to a depth of sixty (60) inches.4.2.4.2.4The following procedures shall be used for percolation tests:4.2.4.2.4.1A minimum of three (3) test holes shall be dug within the proposed installation area of the absorption facility. Additional tests may be required in areas with varying soil characteristics or when warranted at the sole discretion of the Department due to the size of the required disposal area.4.2.4.2.4.2Test holes with a horizontal diameter of six (6) inches shall be dug or bored. A post hole digger, auger or mechanical digger may be used to dig the holes.4.2.4.2.4.3The bottom and sides of each test hole shall be scarified to remove any smeared soil surfaces that result from digging. Loose soil shall be removed from the hole. Two (2) inches of coarse sand or fine aggregate shall be placed in the bottom of the hole to prevent sealing of the hole bottom when water is added.4.2.4.2.4.4The hole shall be filled with water to a minimum depth of twelve (12) inches above the aggregate or sand. This level shall be maintained for a period of at least four (4) hours.4.2.4.2.4.5The water level shall then be adjusted to six (6) inches over the gravel or sand. The hole shall be allowed to stand undisturbed for thirty (30) minutes. The water level shall again be adjusted to six (6) inches over the aggregate and the hole allowed to sit undisturbed for another thirty (30) minutes.4.2.4.2.4.6Where the drop in the water level is two (2) inches or more in thirty (30) minutes, the interval for readings during the percolation test shall be ten (10) minutes. Where the drop in the water level is less than two (2) inches in thirty (30) minutes, the interval for readings during the percolation test shall be thirty (30) minutes. The drop in water level shall be recorded after each reading and the water level shall be adjusted to six (6) inches above the gravel. Readings shall continue for a minimum of four (4) hours where the interval between readings is thirty (30) minutes. Where the interval is ten (10) minutes due to fast percolation, the readings may be discontinued after one (1) hour. Where the drop between readings has not stabilized at the end of the minimum period, the reading shall continue until a steady rate is established. A steady rate is established when two (2) successive water level drops do not vary by more than one-sixteenth (1/16) of an inch. If any of the holes has a rate that is significantly different from the other holes, it shall be examined to see if this hole is in a soil that is different from the soil described in the site evaluation. If the hole is determined, by the licensed percolation tester, to be uncharacteristic of the site it shall be excluded from analysis but listed on the application.4.2.4.2.4.7The percolation rate for the site shall be determined by taking the arithmetic average of all percolation tests conducted. Percolation rates slower than one hundred twenty (120) minutes per inch (mpi) are unacceptable and shall not be used to determine the arithmetic average percolation rate but shall be reported. Onsite wastewater treatment and disposal systems shall not be placed on those portions of any sites that have percolation rates slower than one hundred twenty (120) mpi.4.2.4.3Additional Methodologies4.2.4.3.1At the discretion of the Department or Class D soil scientist, additional methodologies may be preferred as a substitute for the soil percolation test. Approved test methods are given in the current edition of Methods of Soil Analysis, ASA and the ASTM Standards.4.2.5Site Interpretation Advisory Council4.2.5.1The purpose of the Site Interpretation Advisory Council (Council) is to act as an objective peer group in the review of discrepancies between the Department and Class D soil scientists regarding questions of interpretation of soil and site information for the purpose of siting onsite wastewater treatment and disposal systems.4.2.5.2The Council shall restrict its charge to those items normally and commonly addressed when conducting a site evaluation as discussed below. The Council specifically excludes instances regarding the engineering design and/or installation of on-site wastewater treatment and disposal systems except when it is directly applied to the soil science practice.4.2.5.2.1The description and interpretation of soil morphology in regard to the proper functioning of onsite wastewater treatment and disposal systems utilizing the soil as part of the treatment process.4.2.5.2.2The characterization of lithologic and hydrologic limiting layers and geomorphology pertinent to the proper siting and functioning of on-site wastewater treatment and disposal systems. 4.2.5.2.3The recognition and documentation of site limitations for the placement of onsite wastewater treatment and disposal systems (i.e. existing wells and on-site wastewater treatment and disposal systems) in accordance with standard practice in Delaware. 4.2.5.3The Council shall be appointed by the Secretary and consist of the following members: 4.2.5.3.1 Four (4) nongovernmental Class D soil scientists actively practicing in the State of Delaware for two (2) or more years with one (1) acting as an alternate.4.2.5.3.2 One (1) employee of the Department with soils and onsite wastewater industry expertise.4.2.5.3.3One (1) soil scientist designated by the State Conservationist through the State Soil Scientist, NRCS, USDA. 4.2.5.3 4A manager of the Ground Water Discharges Section (GWDS), DNREC, shall serve as a liaison to the Council without voting privileges.4.2.5.3.5All members shall serve three (3) year terms. Procedures shall be established by the Council to stagger terms so as to provide continuity. 4.2.5.4Documentation and testimony regarding a review shall be submitted to the Council. After the initial review by the Council, a determination shall be made as to whether sufficient information has been submitted to render an informed decision. The Council may request additional information from the applicant before proceeding with the review. There shall be no cost to the Council for any information submitted.4.2.5.5Within thirty (30) days from receipt of the documentation, the Council shall render a decision, based on a simple majority vote, regarding which system(s), if any, are suitable under the Delaware Regulations.4.2.5.6A site visit shall be conducted by at least four (4) members of the Council. The applicant is responsible for all costs that may be incurred. Council members shall not be reimbursed for any expenses.4.2.5.7Any decision rendered by the Council shall be considered by the Secretary and may be a deciding factor in his/her decision. The applicant still maintains his/her right to appeal the decision of the Secretary in accordance with 7 Del. C., Chapter 60, Section 6008.4.2.5.8The Council shall designate one of its members representing the private sector to serve as chairperson for a period of one year. The chairperson, or his/her designee, serving as the principal contact person between the Council and a manager of the Ground Water Discharges Section (GWDS), shall perform the following duties:4.2.5.8.1Call and preside at all Council meetings. (A GWDS manager may also call a meeting, but is not entitled to preside at a Council meeting.)4.2.5.8.2Upon receipt of a request, poll the Council members and communicate the results to the GWDS manager calling a Council meeting when appropriate. (This function may also be performed by the GWDS manager, when necessary.)4.2.5.8.3Prepare a letter communicating the Council’s decision in each case. (The letter shall be sent within fifteen (15) working days after the Council’s decision to the GWDS manager for signature and returned for mailing within three (3) working days.)4.2.5.9The following services shall be furnished by the DNREC to facilitate the operation of this Council:4.2.5.9.1A manager of the Ground Water Discharges Section shall represent the Section’s position at all Council meetings.4.2.5.9.2All submittals for consideration shall be circulated to the Council under the direction of the GWDS manager within ten (10) working days.4.2.5.9.3A GWDS manager, at the request of the Council chairperson, shall reserve space in the DNREC facilities for Council meetings.4.2.5.9.4The DNREC shall provide clerical services for record keeping. Records of the Council meetings shall be furnished to all Council members within fifteen (15) working days following the meetings. 4.2.5.9.5The clerical person shall prepare and mail the decisions of the Council upon receipt from the chairperson. 4.2.5.10The Council shall restrict reviews to those submittals directly affected by the expertise of the NRCS soil scientist’s decision, using one of the following two (2) methods:4.2.5.10.1A submittal from the Secretary, DNREC; or4.2.5.10.2A submittal from a Class D soil scientist. 4.2.5.11All submittals shall be circulated to the Council membership. A majority vote of the Council is required for any submittal to be accepted for Council review.4.3Permitting4.3.1General Requirements4.3.1.1No person shall cause or allow construction, alteration, or repair of a system, or any part thereof, without a permit. An exception may be allowed for certain emergency repairs as set forth in these Regulations.4.3.1.2Location: All disposal systems shall be located according to the minimum horizontal isolation distances specified in these Regulations (see Exhibit W). All isolation distances for capped systems and elevated sand mounds shall be measured from the edge of the aggregate or aggregate-free chamber.4.3.1.3All pressurized systems must be constructed in such a manner that the operating pressure can be checked at the end of the distal lateral (permanent tee, etc). 4.3.1.4All pressurized systems must utilize timers or other electrical on/off delay devices to ensure dosing frequencies. Timers must be integral to the control panel. Any timer system utilizing a demand over-ride float shall incorporate a pump cycle counter and elapsed time meter.4.3.2Disposal System Sizing4.3.2.1All disposal systems shall be sized based on the estimated wastewater flow and the results of percolation tests or the assigned percolation rate. Percolation rates shall be based on USDA soil textures and assigned by the Class D soil scientist. The table of percolation rates used by the Department (see Exhibit Y) does not assign rates; it gives estimates based upon textures. Percolation rates of less than 20 minutes per inch (mpi) will not be allowed for designing any on-site wastewater treatment and disposal system, unless otherwise approved by the Department. 4.3.2.2The minimum disposal area required for trench systems with percolation rates less than 120 mpi shall be determined from the following equation:A = 0.33 Q (t)0.5WhereA = the minimum disposal area required in square feetQ = wastewater application rate in gallons per dayt = the average percolation rate in minutes per inch (minimum rate is 20 mpi for design)4.3.2.3The minimum disposal area required for seepage bed systems with percolation rates less than 120 mpi shall be determined from the following equation:A = 0.42 Q (t)0.5WhereA = the minimum disposal area required in square feetQ = wastewater application rate in gallons per dayt = the average percolation rate in minutes per inch (minimum rate is 20 mpi for design)4.3.2.4Where percolation rates are faster than 6 mpi, such as in soils with USDA textures of sands, and loamy sands, a pressurized distribution system is required; the minimum disposal area shall be determined from the following equation:A = 1.2 QWhere:A = the minimum disposal area required in square feetQ = design flow rate in gallons per day4.3.2.5The minimum disposal area required for low-pressure pipe systems with percolation rates less than 120 mpi shall be determined from the following equation:A = UQWhere:A = the minimum disposal are required in square feetQ = design flow rate in gallons per dayU = unit absorption area (see Exhibit P)4.3.2.6The minimum disposal area for Wisconsin At-Grade systems with percolation rates less than 75 mpi shall be determined from the following criteria:4.3.2.6.1Calculate the long term acceptance rate (LTAR) (see Exhibit V); and4.3.2.6.2Calculate the horizontal acceptance rate (HAR) in gpd/ft using the following equation:HAR = sum (incremental loading rate (in site evaluation)(see Exhibit V)) X (thickness of each horizon (inches) to a depth of 20 inches)4.3.2.6.3Calculate the effective absorption area (EAA) in ft2 using the following equation:EAA = Q/LTARWhere:Q = design flow rate in gallons per dayLTAR = long term acceptance rate (see 4.3.2.6.1)4.3.2.6.4Calculate the effective absorption width (EAW) in feet using the following equation:EAW = HAR/(1.2 – LTAR)Where:HAR = horizontal acceptance rate (see 4.3.2.6.2)LTAR = long term acceptance rate (see 4.3.2.6.1)NOTE: An effective width of four (4) to nine (9) feet is appropriate. The designer should use an EAW that is ≤ the calculated value. If the calculated value is > ten (10) feet then limit the EAW to ten (10) feet. 4.3.2.6.5Calculate the absorption length (AL) in feet using the following equation:AL = EAA/EAW4.3.3Wastewater Design Flow Rates4.3.3.1The projected peak daily wastewater flow shall be used to determine the appropriate size and design of both onsite and community, wastewater treatment and disposal systems.4.3.3.2Where actual calibrated metered flow data indicating peak daily flows over the most recent three (3) year period are available for a similar facility, such peak flow data may be substituted for the wastewater flows listed in this section subject to the approval of the Department. When ranked in descending order the adjusted design daily flow shall be determined by taking the numerical average of the daily readings within the upper ten (10) percent of the daily readings.4.3.3.3The design wastewater flow from residential dwellings, including single family, multiple family, manufactured homes, and apartments served by individual onsite or community wastewater treatment and disposal systems shall be 120 gallons per day per bedroom. The minimum design flow for any commercial property shall be 120 gallons per day and residential dwellings shall be 240 gallons per day. Credit for water conservation devices will be accounted for according to current Department guidelines.4.3.3.4The design wastewater flow from other residential, commercial and/or institutional facilities served by individual onsite or community large systems shall be as prescribed in Exhibit D.4.3.3.5Disposal systems shall be designed to receive all wastewater, except for water softener brine backwash, from the building or structure served unless otherwise approved by the Department.4.3.3.6All restaurants or other establishments involved in food preparation activities shall install external grease traps as required by the Department.4.3.3.7Laundromat and car wash wastewater shall be pretreated as specified by the Department prior to discharge to any absorption facility under these Regulations.4.3.3.8Industrial wastewater shall not be discharged into a septic tank unless prior approval is obtained from the Department.4.3.4Isolation Distances4.3.4.1The minimum isolation distances set forth in Exhibit C shall be maintained when designing, locating, constructing, repairing, replacing, and installing individual onsite and community wastewater treatment and disposal systems.4.3.4.2The Department may require greater isolation distances for systems when conditions warrant for purposes of protecting environmental resources and the public health.4.3.4.3Isolation distances may be decreased by the Department based on a site specific geological and hydrogeological analysis performed pursuant to the requirements of these Regulations, provided that the Department is satisfied that such decrease will allow for protection of environmental resources and the public health.4.3.4.4Existing onsite wastewater treatment and disposal systems which are repaired or replaced shall be subject to the requirements of this Section, provided however, that if it is impossible to comply with such requirements due to lot size limitations, the repaired or replaced system shall conform to the maximum extent practicable with the requirements of this Section as determined by the Department in its sole discretion.4.3.5Water Conservation Devices4.3.5.1Twenty five (25) percent reductions in design flow are allowed for water conservation. The absorption facility shall be enlarged to the original required size if the conservation devices are removed, become inoperative, or the system malfunctions.4.3.5.2Water saving plumbing devices are encouraged to lengthen the life of the absorption facility. However, only permanent water saving plumbing devices such as low flush toilets shall be considered in reducing the size of the absorption facility. Devices such as inserts in showers are considered temporary.4.3.6Dosing and Diversion Systems4.3.6.1Effluent from onsite wastewater treatment and disposal systems shall be transmitted to the absorption facility by gravity or pressure distribution systems or lifted by a lift station (see Exhibit X) to overcome elevational differences between the septic tank and the absorption facility.4.3.6.2Gravity dosing and distribution systems may be used when the design wastewater flow requires less than 2,500 ft2 of disposal area for seepage trenches or seepage beds and the percolation rate is equal to or slower than six (6) minutes per inch.4.3.7Gravity distribution systems shall conform to the following requirements:4.3.7.1All unperforated gravity transmission pipe up to the distribution box shall be Sch. 40 PVC or ANSI Class 22 thickness cast iron and shall be at least four (4) inches or greater in diameter unless lifted by a lift station to a surge tank or the distribution box in which case 1? inch or 2 inch Sch. 40 PVC pipe would be permissible with a minimum of twenty (20) feet of four (4) inch diameter Sch. 40 PVC pipe prior to entering the distribution box.4.3.7.2All gravity transmission pipes shall be placed on a firm undisturbed or well compacted soil. All joints shall be watertight. A minimum grade of 1/8 inch per foot shall be provided for gravity transmission piping. Clean backfill shall be placed around and over the pipe and hand tamped to provide compaction.4.3.7.3All gravity distribution laterals shall be thin walled or Sch. 40 PVC and shall be four (4) inches in diameter. Perforated PVC pipe shall have 3/8 to 3/4 inch diameter holes a maximum of thirty (30) inches on center. Coiled and corrugated piping shall not be used. A grade of less than two (2) inches per one hundred (100) feet shall be provided for all gravity distribution laterals.4.3.7.4The design and construction of the gravity distribution system shall provide uniform application of the effluent. All distribution laterals shall be of equal length unless approved by the Department. The effluent shall be equally divided between laterals of the gravity distribution system by means of a distribution box.4.3.7.5 Stepped trenches shall be used on sloping ground.4.3.7.6All distribution boxes shall conform to the following requirements (see Exhibit H):4.3.7.7Location: Distribution boxes shall be used with all gravity systems. They shall be located in accordance with the minimum horizontal isolation distances set forth in Exhibit C. A minimum distance of three (3) feet shall separate the inlet face of the distribution box from the septic tank outlet.4.3.7.8Capacity: Distribution boxes shall be sized to accommodate the number of distribution laterals required for the distribution system.4.3.7.9An inlet baffle shall be installed in all distribution boxes. The baffle shall be perpendicular to the inlet pipe and situated six (6) inches from the end of the inlet. The baffle shall be constructed of the same material as the distribution box and shall be a twelve (12) inch square rising from the box floor, centered with the inlet connection, and permanently affixed. PVC tees may be incorporated as baffles when plastic distribution boxes are used.4.3.7.10The inverts of all outlets shall be of the same elevation and at least one (1) inch below the inlet invert.4.3.7.11Each inlet and outlet distribution lateral shall be connected separately to the distribution box. Unperforated distribution piping shall extend a minimum of five (5) feet from the distribution box.4.3.7.12The requirements of Sections 4.3.14.6, 4.3.14.8, 4.3.14.9, 4.3.14.11and 4.3.14.13 shall apply to all distribution boxes approved in accordance with these Regulations.4.3.7.13Distribution boxes shall be accessible either by means of a removable cover or access manhole which shall be located twelve (12) inches below grade unless another distance is approved by the Department.4.3.7.14All installations of distribution boxes shall be in accordance with the requirements of Section 4.4.3.4.3.7.15All installed distribution boxes shall be tested to insure watertight conditions and leveled to insure an even distribution of flow to each lateral under operating conditions.4.3.7.16All systems utilizing a lift station must incorporate a float and an audible and visible alarm system to notify homeowner of potential pump problems.4.3.8Pressure distribution systems shall be utilized with:4.3.8.1Trench or bed systems receiving flows requiring more than 2,500 ft2 of disposal area4.3.8.2All sand mounds4.3.8.3Certain sandlined systems4.3.8.4All absorption facilities located on soils where percolation rates are faster than six (6) minutes per inch4.3.8.5All low pressure pipe systems4.3.9Pressure distribution systems shall conform to the following requirements:4.3.9.1All unperforated pressure transmission pipes shall be Sch. 40 or SDR 26 PVC pipe unless approved by the Department. The pipe shall be sized to provide a minimum flow rate of two (2) feet per second in the pipe.4.3.9.2All pressure transmission pipes shall be placed below the frost line. All joints shall be watertight and all pipes shall be placed on a firm undisturbed or well compacted soil. Clean backfill shall be placed around and over the pipe and hand tamped to provide compaction. Frost line minimums for each county are as follows:Sussex – 24 inchesKent – 24 inches New Castle – 30 inches4.3.9.3All pressure distribution laterals shall be Sch. 40 and SDR 26 PVC pipe with diameters as determined by a Class C designer. Minimum hole diameters for perforated pressure distribution laterals shall be 5/32 to 1/2 inch maximum and spacing intervals as determined by a Class C designer and be placed on center along the length of the pipe. Maximum hole spacing shall be determined by percolation rates as follows:Percolation RateMaximum Hole Spacing20 - 25 MPISixty (60) inches30 - 60 MPISeventy two (72) inches65 - 120 MPINinety six (96) inchesNOTE: Balanced trench loading rates (gpd/ft2) must be considered where slopes are encountered. This can be accomplished by varying the number of lateral perforations (and spacing) and perforation diameter.4.3.9.4All laterals shall be connected to manifolds with tees or sanitary tees constructed of PVC corresponding to the size of the connecting laterals.4.3.9.5Distribution of effluent from the pressure transmission pipe to the distribution laterals shall be by a central PVC manifold.4.3.9.6The dose volume shall be designed so that the estimated daily flow shall be discharged to the absorption facility in a minimum of equal three (3) doses. Dose volume shall be five (5) times the internal (liquid) capacity of the pressure transmission pipe, manifold, and laterals not flooded. 4.3.9.7The size of the dosing pumps or siphons shall be selected to maintain a minimum pressure of one (1) psi (2.31 feet of head) at the end of each distribution line. Pump characteristics and head calculations that include maximum static lift, pipe friction and orifice head requirements shall be submitted with permit applications.4.3.10Diversion Boxes and Diversion Valves4.3.10.1Location: Diversion boxes or diversion valves for dual systems shall be located according to the requirements set forth in Exhibit C.4.3.10.2Capacity: Diversion boxes and valves shall be sized to accommodate the piping connected to them.4.3.10.3Diversion Valves: All pressure dosed dual systems shall use diversion valves.4.3.10.4All installation of diversion boxes shall be in accordance with the requirements of Section 4.4.3.4.3.10.5Diversion boxes shall be pre-cast concrete or other approved products. Diversion valve systems shall be commercially available and diversion or gate valves shall be constructed of durable cast iron or plastic.4.3.11Diversion Box and Diversion Valve Specifications (see Exhibit J):4.3.11.1All diversion boxes and diversion valves shall be installed level with connecting piping to minimize stress.4.3.11.2Cast iron valves shall be free of dirt and rust. Plastic valves shall be clean and dry before installation. 4.3.11.3Diversion boxes may be standard distribution boxes with selective flow diversion devices.4.3.11.4All inlet and outlet cutout connections shall be sealed watertight with grout or approved rubber gaskets.4.3.11.5Appurtenances: All buried valves shall be furnished with a suitable box constructed of durable material extended to grade with a tight fitting access cap.4.3.11.6Testing: Installed valves and gates shall be tested in the field prior to back fill. Pre-cast boxes shall be tested for watertight conditions.4.3.12Conventional On-Site Wastewater Treatment and Disposal Systems Criteria4.3.12.1All Full Depth Gravity and Capping Fill Gravity Trench and Bed Treatment and Disposal Systems shall be designed in accordance with the following criteria (see Exhibits K, L, M or N).4.3.12.1.1Landscape Position: Areas with good surface drainage which allow surface water to run off easily without ponding and which are not prone to flooding.4.3.12.1.2Slope: 0 15%. Bed systems cannot be sited on slopes > 2%, unless otherwise approved by the Department. All systems must be constructed with level bottoms and shall incorporate construction procedures prohibiting equipment from entering the excavation. Trench systems on slopes in excess of 15% shall be permitted only if the design is prepared by a licensed Class C designer. Any such design shall incorporate construction procedures.4.3.12.1.3Depth to Limiting Zone: The limiting zone shall be a minimum of three (3) feet below the bottom of the trench 48 inches beneath the soil surface.4.3.12.1.4Percolation Rates:4.3.12.1.4.16 120 mpi: Gravity distribution systems may be allowed unless otherwise required by these Regulations. Construction of seepage trenches and beds in soils with percolation rates slower than 120 mpi shall not be permitted.4.3.12.1.4.2Faster than 6 mpi: A pressurized distribution system is required for seepage trenches or beds. The trench or bed may be placed between twelve (12) and twenty four (24) inches in order to maintain thirty six (36) inch separation distance between rapidly permeable material and the limiting zone.4.3.12.2All Low Pressure Pipe Treatment and Disposal Systems shall be designed in accordance with the following criteria (see Exhibits O & P).4.3.12.2.1Landscape Position: Areas with good surface drainage which allow surface water to run off easily without ponding and are not prone to flooding. Low pressure pipe treatment and disposal systems shall not be prescribed in coastal beach sands.4.3.12.2.2The depth to the bottom excavation shall be nine (9) inches to eighteen (18) inches. Trench width shall be no larger than twelve (12) inches, unless otherwise approved by the Department.4.3.12.2.3Depth to limiting zone: The limiting zone shall be a minimum of eighteen (18) inches below the bottom of the trench (i.e. a minimum of twenty seven (27) inches below existing grade for a nine (9) inch deep LPP trench system). Shallow disposal trenches (placed not less than nine (9) inches into the original soil profile) may be used with a capping fill to achieve the minimum separation distance specified above. The capping fill, if required, shall be placed in accordance with these Regulations (see Exhibit O). A capping fill cover is required for all LPP disposal systems with trench depths less than eighteen (18) inches.Additional criteria:4.3.12.2.4Lateral lines of the LPP disposal system which are placed on lower landscape positions (i.e. concave slope) shall have an interceptor drain installed upslope of the uppermost lateral to intercept and divert subsurface waters away from the absorption facility as determined by a Class D soil scientist.4.3.12.2.5There shall be no soil disturbance to the proposed disposal area except the minimum required for installation. The soils may be rendered unsuitable should unnecessary soil disturbance occur. Particular care should be taken when clearing wooded lots so as not to remove the surface soil material.4.3.12.2.6LPP disposal systems shall be installed only with equipment approved by DNREC.4.3.12.2.7LPP disposal systems shall not be allowed where sand lining is required or where soils have been filled or disturbed.4.3.12.3All Wisconsin At-Grade Treatment and Disposal Systems shall be designed in accordance with the following criteria (see Exhibit U & V).4.3.12.3.1Landscape Position: Areas with good surface drainage which allow surface water to run off easily without ponding and are not prone to flooding. They shall not be prescribed in coastal beach sands due to the high probability of wind/water erosion and short effluent retention time in the coarse sands.4.3.12.3.2Slope: 0 – 3% for soils with percolation rates faster than 75 mpi, unless otherwise approved by the Department.4.3.12.3.3Depth to Limiting Zone: > 24 inches to evidence of a limiting zone. Replacement systems must have a limiting zone ≥ 20 inches and in soils without an umbric epipedon or prone to ponding and/or flooding. Class D soil scientist shall verify these site characteristics are applicable prior to prescribing the Wisconsin at-grade as a disposal option. The soil scientist must also specify the percolation rate each soil horizon to a depth of 36 inches and the incremental loading rates for the first 20 inches of soil (see Exhibit V).4.3.12.3.4Percolation Rate: 0 75 mpi: Construction on soils with slower percolation rates is not permitted. A pressurized distribution system is required in all cases.4.3.12.4All Elevated Sand Mound Treatment and Disposal Systems shall be designed in accordance with the following criteria (see Exhibit Q).4.3.12.4.1Landscape Position: Areas with good surface drainage which allow surface water to run off easily without ponding and are not prone to flooding.4.3.12.4.2Slope:4.3.12.4.2.10 – 6% for soils with percolation rates slower than 60 mpi.4.3.12.4.2.20 – 12% for soils with percolation rates faster than 60 mpi.4.3.12.4.3Depth to Limiting Zone: > 20 inches to evidence of a limiting zone.4.3.12.4.4Percolation Rate: 0 120 mpi: Construction on soils with slower percolation rates is not permitted. A pressurized distribution system is required in all cases.4.3.12.5All Pressure-Dosed Full Depth and Capping Fill Treatment and Disposal Systems shall be designed in accordance with the following criteria except LPP systems (see Exhibits R & S).4.3.12.5.1Landscape Position: Areas with good surface drainage which allow surface water to run off easily without ponding and are not prone to flooding.4.3.12.5.2Slope: 0 – 15%. Bed systems cannot be sited on slopes > 2%, unless otherwise approved by the Department. All designs must be constructed with level bottoms and shall incorporate construction procedures prohibiting equipment from entering the excavation. Slopes in excess of 15% shall be permitted only if the design is prepared by a licensed Class C designer. Any such design shall incorporate construction procedures.4.3.12.5.3Depth to Limiting Zone: > Forty eight (48) inches to evidence of a limiting zone.4.3.12.5.4Depth to Limiting Zone: Forty eight (48) inches or greater from original grade and three (3) feet below bottom of filter aggregate. (i.e. a minimum of five (5) feet below existing grade for two (2) foot deep trench and bed systems).4.3.12.5.5Percolation Rate: 0 - 120 mpi. Construction on soils with slower percolation rates is not permitted. A pressurized distribution system is required in all cases.4.3.12.6All Sand-lined Treatment and Disposal Systems shall be designed in accordance with the following criteria (see Exhibit T).4.3.12.6.1Landscape Position: Areas with good surface drainage which allow surface water to run off easily without ponding and are not prone to flooding.4.3.12.6.2Slope: 0 – 15%. Slopes in excess of 15% shall only be allowed if the design is prepared by a Class C designer. Any such design shall incorporate construction procedures.4.3.12.6.3Depth to Limiting Zone: Forty eight (48) inches or greater from original grade and three (3) feet below bottom of filter aggregate. Sand lined systems shall not be used where there is less than one (1) foot of unsaturated soil between the limiting zone and the impermeable or slowly permeable soil zone. Sand lining will not be permitted into the water table, except in instances where it is necessary for replacement systems to function hydraulically.4.3.12.6.4Percolation Rate: 0 120 mpi. A pressurized distribution system may be required. The percolation test shall be taken in the permeable soil below the impermeable or less permeable soil zone. The bottom of the percolation test hole shall extend a minimum of six (6) inches below the slowly permeable soil zone but in no case shall it be less than six (6) inches above the underlying limiting zone. If the percolation tests are to be conducted at a depth too deep to obtain accurate percolation rates, a percolation rate based on USDA soil textures shall be assigned (see Exhibit W). Otherwise, hydraulic conductivity tests may be substituted.4.3.12.6.5Sand lined systems may be used where the site evaluation has shown that there is an impermeable or slowly permeable soil zone located over an acceptable soil. Use of this system requires removal of that zone within the disposal area and its replacement with a sandy fill as prescribed under Section 4.4.2.1. The system shall be constructed in accordance with specifications for sand-lined seepage trenches and beds (see Exhibit S). Installation may require a Class D soil scientist on site to monitor depth of sand lining.4.3.12.7Artificially Drained Systems4.3.12.7.1Disposal systems shall not be constructed on sites where curtain drains, vertical drains, under drains, or similar drainage methods are utilized to artificially lower the level of the water table to meet the requirements of these Regulations. Observation wells may be used to demonstrate the change in the hydrology of a particular property for the purpose of siting an on-site wastewater treatment and disposal system.4.3.13Building Sewers4.3.13.1The minimum requirements contained in this section shall apply to all conduits, pipes or sewers which transmit wastewater flows from building or house drains to a septic tank (or other treatment device) and from the septic tank (or other treatment device) to the distribution box or dosing tank. Collection systems servicing three (3) or more units shall be in conformance with National Standards.4.3.13.2Building sewers shall comply with the following requirements:4.3.13.2.1Location: A minimum horizontal separation of ten (10) feet shall be provided between a house or building sewer and any water line. Suction lines from wells shall not cross under house or building sewers.4.3.13.2.2Size: Building sewers shall be sized to serve the expected flow from the connected fixtures. All building gravity sewer plumbing shall be at least as large as the internal building plumbing but in no case less than three (3) inches in diameter. Pressure building sewers transmitting wastewater to a septic tank (or other device) shall be a minimum of two (2) inches in diameter.4.3.13.2.3Foundation: All building sewers shall be laid on a firm compacted bed through its entire length. Building sewers placed in wet soil shall have a four (4) inch bedding of 3/4" to 11/2" aggregate.4.3.13.2.4Materials: Building sewers shall be constructed of ANSI Class 22 thickness cast iron, Sch. 40 or Sch. 80 PVC, reinforced concrete, or Sch. 40 or Sch. 80 ABS pipe. Cast iron pipe or PVC pipe encased in six (6) inches of concrete shall be used for building sewers located < 3 feet below driveways, parking area, or other areas subject to vehicular traffic or similar loading. The cast iron pipe or encasement shall extend a minimum of two (2) feet beyond the edge of driveways, parking areas, or other areas subject to vehicular traffic or similar loading and shall be adequately bedded.4.3.13.2.5Joints: All pipe joints shall be watertight and protected against external and internal loads.4.3.13.2.6Grade: A building sewer shall be installed in a straight line to the maximum extent practicable with a uniform continuous grade not less than l/8 inch/foot, unless it can be demonstrated to the satisfaction of the Department that an alternative design can maintain adequate flow from the source and is approvable under the applicable local building code.4.3.13.2.7Cleanouts: Building sewer cleanouts shall be installed at minimum intervals of fifty (50) feet for three (3) inch diameter pipe and one hundred (100) feet for four (4) inch and larger diameter pipe. Cleanouts shall be provided at all changes in direction greater than 45o. Wherever possible, bends should be limited to 45o. Every house or building sewer shall have at least one (1) cleanout fitting to provide access to the plumbing. Cleanouts may be placed at greater distances provided National Standards are used to design the total collection system.4.3.14Septic Tanks4.3.14.1The standard wastewater treatment system used for onsite wastewater treatment and disposal shall be the septic tank.4.3.14.2All septic tank treatment units shall be designed in accordance with the following requirements (see Exhibit G).4.3.14.3The location of septic tanks shall be in accordance with the minimum isolation distances set forth in these Regulations as prescribed in Exhibit C and facilitates periodic pumping by not having large elevational differences.4.3.14.4The minimum liquid working capacity of septic tanks shall be:4.3.14.4.1For flows symbol 163 \f "Symbol" \s 10? 500 GPD the minimum liquid working capacity shall be one thousand (1,000) gallons4.3.14.4.2For flows > 500 GPD but symbol 163 \f "Symbol" \s 10? 15,000 GPD shall have a working capacity of 1.5 times the expected flow rate with a minimum liquid working capacity of one thousand five hundred (1,500) gallons4.3.14.4.3For flows > 15,000 GPD shall be determined on a case by case basis at the sole discretion of the Department4.3.14.5If large flow surges are anticipated the septic tank shall be increased in size to accommodate the surges without causing sludge or scum to be discharged from the tank.4.3.14.6All tanks shall be watertight, noncorrosive, durable and structurally sound. Materials of construction for tanks shall be one of the following:4.3.14.6.1Castinplace reinforced concrete;4.3.14.6.2Pre-cast reinforced concrete;4.3.14.6.3Or, other suitable material approved as equal by and at the sole discretion of the Department4.3.14.7All septic tanks shall be of multicompartment design with a minimum of two (2) compartments. The first compartment of a two (2) compartment tank shall contain two thirds (2/3) the liquid capacity of the total volume of the tank. Tanks shall be of rectangular design and with a top seam only.4.3.14.8Pre-cast reinforced concrete tanks shall have a minimum wall thickness of two and one half (2 ?) inches.4.3.14.9Castinplace reinforced concrete tanks shall have a minimum wall thickness of four (4) inches.4.3.14.10All inlet and outlet connections shall be sanitary tees or baffles constructed of castinplace pre-cast concrete or PVC. Inlet openings may have a minimum diameter equivalent to the diameter of the house sewer but in no instance shall the diameter be less than three (3) inches. The outlet invert shall be two (2) inches below the inlet invert. The inlet and outlet baffles or sanitary tees shall extend at least twelve (12) inches below the liquid level, but to a level no deeper than 40% of the liquid depth. Baffles or sanitary tees are not necessary for any portion of the tank if it is to be used as a pumping chamber.4.3.14.11All pipe cutouts for inlet and outlet connections shall be sealed with a watertight concrete (95%) & bentonite (5%) grout mix or standard rubber gaskets.4.3.14.12Connections between multicompartment tanks shall consist of either a four (4) inch diameter sanitary tee or two (2) or more openings equally spaced across the width of the tank. Such openings shall be six (6) inches wide. All compartment connections shall extend to a level no deeper than 40% of the liquid depth as measured from the liquid level.4.3.14.13All inlet, outlet and inter-compartment connections shall be located to provide a minimum air space of one (1) inch between the top of the connection and the underside of the tank cover.4.3.14.14Each tank compartment shall be equipped with an access opening and cover. The opening shall be located to provide access to each tank compartment as well as providing access to the inlet and outlet connections for routine inspections. Access openings shall be at least eighteen (18) twenty (20) inches square or in diameter.4.3.14.15Each septic tank shall be constructed with a watertight access riser for each compartment and shall extend above grade. The riser and lid shall be made of concrete, masonry or an equivalent durable material approved by the Department. If multiple concrete risers are needed then water tight gaskets or hydraulic cement must be placed between each riser.4.3.14.16All above grade access covers shall be water tight and secure from vandalism (screwed in place with three (3) screws minimum).4.3.14.17All septic tanks shall be equipped with any outlet effluent filter approved by the Department. The maintenance of these filters is the responsibility of the property owner and must remain in service for the life of the septic tank. This unit must be maintained in accordance with the manufacturer’s service instructions.4.3.14.18All installations of septic tank treatment units shall be in accordance with section 4.4.3.4.3.15Grease Traps4.3.15.1Grease traps shall be utilized for commercial and industrial wastewater sources at the sole discretion of the Department to assure the effectiveness of onsite wastewater treatment and disposal systems. Grease interceptors shall not be approved for new construction designs as replacement for the grease trap. Grease interceptors may be allowed for replacement systems when there are site limitations and low flow applications.4.3.15.2All grease traps shall be designed in accordance with the following requirements. The minimum size grease trap shall be 1,000 gallons (see Exhibits E & F).4.3.15.3The location of grease traps shall be in accordance with the minimum isolation distances set forth in these Regulations as prescribed in Exhibit C.4.3.15.4The sizing of grease traps shall be based on wastewater flow data and grease retention capacity. The grease retention capacity in pounds shall be equal to at least twice the peak flow capacity in gallons per minute. The flow capacity can be determined from the individual flows from fixtures discharging into the grease trap. Exhibit E contains the minimum flow rate fixture capacities which shall be used for grease trap designs when actual calibrated metered flow data indicating peak daily flows over a three (3) year period are not available.4.3.15.4All grease traps shall have multicompartments.4.3.15.5All inlet and outlet connections shall be sanitary tees or baffles constructed of cast-in-place pre-cast concrete or PVC. Inlet and outlet openings shall be a minimum of four (4) inches in diameter. The outlet invert shall be two (2) inches below the inlet invert. The inlet baffle or sanitary tee shall extend at least twenty four (24) inches below the liquid level. The bottom of the outlet baffle or sanitary tee shall be eight (8) inches above the tank bottom. 4.3.15.6Connections between multi-compartment tanks shall consist of a four (4) inch diameter sanitary tee. The bottom of the sanitary tee shall be twelve (12) inches above the tank bottom.4.3.15.7The requirements of Section 4.3.14.6, 4.3.14.8, 4.3.14.9, 4.3.14.11, 4.3.14.13, 4.3.14.14, 4.3.14.15 and 4.3.14.16 shall apply to all grease traps approved in accordance with these Regulations.4.3.15.8All installations of grease traps shall be in accordance with the requirements of Section 4.4.3 and testing shall be conducted in accordance with Section 4.4.3.6 of these Regulations.4.3.15.9Grease traps must have access at grade.4.3.15.10A copy of a contract with a licensed liquid waste hauler consisting of the following conditions, as a minimum:4.3.15.10.1Duration of contract;4.3.15.10.2Pumping schedule;4.3.15.10.3Availability of equipment;4.3.15.10.4Emergency response capability;4.3.15.10.5Contents will be disposed of in a manner and at a facility or location approved by the Department;4.3.15.10.6Evidence that the owner or operator of the proposed disposal facility will accept the pumping for treatment and disposal.4.3.16Dosing Chambers (see Exhibit I)4.3.16.1Location: Dosing chambers shall be located in compliance with the minimum isolation distances of these Regulations (see Exhibit C).4.3.16.2Size/capacity: If the design daily flow is 500 GPD, the dosing chamber shall have a minimum liquid capacity equal to the designed dose volume plus the design daily flow. If the design daily flow is 500 GPD, the dosing chamber shall have minimum liquid capacity equal to two (2) times the designed dose volume.4.3.16.3The requirements of Sections 4.3.14.6, 4.3.14.8, 4.3.14.9, 4.3.14.13, 4.3.14.14 and 4.3.14.16 shall apply to all dosing chambers approved in accordance with these Regulations.4.3.16.4All inlet pipe connections shall be located above the high water level as predetermined by the pump or siphon installation.4.3.16.5All pipe cutouts shall be sealed with a watertight concrete (95%) & bentonite (5%) grout mix or standard rubber gaskets.4.3.16.6Dosing chambers shall be constructed with a ventilation port and a watertight access manhole. The ventilation port shall be extended at least six (6) inches above grade while the access manhole shall be extended to the finished grade. The Department recommends six (6) inches above grade, at a minimum. The vent shall be three (3) inches in diameter and the access manhole shall be sized for easy removal of pumps or siphons. In no case shall the manhole be less than twenty (20) inches square or in diameter. The vent shall be turned down and shall be fitted with insect and rodent proof, corrosion resistant screen.4.3.16.7Pumps and siphons which are suitable for handling septic tank effluent shall be used to meet dosing requirements and shall be installed in accordance with the manufacturer's recommendations.4.3.16.8Dosing chambers using pumps shall have an installed pump for which a replacement is readily available in the event of failure. 4.3.16.9Pumps and siphons shall be sized to discharge a flow rate equal to the combined flows from all discharge holes in the laterals when operating at designed level or head.4.3.16.10Pumps and valves shall be equipped with suitable connections so that they may be removed for inspection or repair without entering the dosing chamber. A slide rail system or disconnect coupling accessible from outside the dosing chamber shall be utilized to allow removal and access to the pump and pump check valve for repairs and maintenance. A corrosionproof lifting device shall be attached to the pumps and tied off at the access manhole.4.3.16.11Check valves shall be required on all pressure distribution systems.4.3.16.12An audible and visual high level warning device shall be installed for all siphons and pumps and shall be installed on a separate AC circuit from the pump.4.3.16.13All pump electrical connections and alarm controls shall be NEMA4x rated corrosion resistant and waterproof. The bottom of the control panel shall be a minimum of thirty (30) inches above finished grade within direct line of sight of the pump or treatment device being operated.4.3.16.14All control panels shall be UL listed.4.3.16.15All AC circuits shall have properly sized circuit breakers installed in the control panel. 4.3.16.16Elevations for pump controls and high water level sensor elevations shall be provided in the design.4.3.16.17Testing: All dosing chambers constructed onsite (i.e., castinplace, concrete block, etc.) shall be field tested to ensure watertight conditions. Pumps, siphons, alarm controls and related appurtenances shall also be field tested to ensure accuracy and proper operation in accordance with the manufacturer's recommendations. A minimum schedule for periodic testing and calibration of the dosing chambers, pumps, siphons, alarm controls and related appurtenances shall be established and incorporated into the permit. All installed pumps and siphons shall be accompanied by instruction manuals that include operation and maintenance procedures and pump characteristics.4.3.17Holding Tanks4.3.17.1The use of a holding tank is an unusual circumstance wherein all wastewater is permitted to be held in a watertight structure until it is pumped and transported by vehicle to a point of disposal. The use of a holding tank on a permanent basis is prohibited except as provided in these Regulations.4.3.17.2Permanent holding tanks are not permitted on unimproved lots.4.3.17.3No person shall install a holding tank without first obtaining a permit from the Department.4.3.17.4All holding tank permit applications and designs must be completed by a Class C designer.4.3.17.5Permits may be issued, by the Department, for the permanent use of holding tanks when all of the following conditions are met:4.3.17.5.1The site is improved with a dwelling and has been evaluated for all means of on-site wastewater treatment and disposal, including alternative technologies, and has been deemed not suitable for an on-site wastewater treatment and disposal system; and4.3.17.5.2No community or areawide central wastewater system is available or expected to be available within five (5) years; and4.3.17.5.3The same isolation distances as required for septic tanks can be met; and4.3.17.5.4The owner(s) enter into a contract with a licensed liquid waste hauler to provide hauling services to the dwelling for the period it is utilized or until connection can be made to an approved wastewater facility. Should the owners change waste haulers, a new contract shall be submitted to the Department; and4.3.17.5.5The property deed shall be amended with an Affidavit of Ownership at the time of permit issuance, which states that the dwelling is served by a permanent holding tank. The Affidavit of Ownership must be recorded at the Recorder of Deeds; and4.3.17.5.6When the governmental unit or wastewater utility provides the hauling services directly, it shall conform to the requirements for liquid waste haulers; and4.3.17.5.7Have a water meter installed to measure the in-flow of water into the building or house or a metering device measuring the flow to the tank 4.3.17.6In an area under the control of a governmental unit, or a wastewater utility which has a recorded covenant with the owner that runs with the land, either of which is authorized to construct, operate, and maintain a community large or areawide central wastewater system, a holding tank may be installed for temporary use provided:4.3.17.6.1The application for permit includes a copy of a legal commitment from the governmental unit or wastewater utility that within five (5) years from the date of application the governmental unit or wastewater utility will extend to the property covered by the application, a community large or areawide central wastewater system meeting the requirements of the Department; and4.3.17.6.2The community large or areawide central wastewater system has received the necessary approvals for full operation (established sewer district or CPCN) which includes the anticipated flow to the holding tank; and4.3.17.6.3The proposed holding tank will comply with the requirements of these Regulations.4.3.17.7Temporary use of a holding tank may be approved when:4.3.17.7.1Installation of an approved onsite system has been delayed by weather conditions; or4.3.17.7.2The tank is to serve a temporary construction site (up to five (5) years) 4.3.17.8Applications for holding tank installation shall contain plans and specifications in sufficient detail for each holding tank proposed to be installed and shall be submitted to the Department for review and approval. The application for a permit shall be on forms provided by the Department and contain the following items:4.3.17.8.1A copy of a contract with a licensed liquid waste hauler shall contain, as a minimum, the following conditions:4.3.17.8.1.1Duration of contract;4.3.17.8.1.2Pumping schedule;4.3.17.8.1.3Availability of equipment;4.3.17.8.1.4Emergency response capability;4.3.17.8.1.5Contents will be disposed of in a manner and at a facility or location approved by the Department;4.3.17.8.1.6Evidence that the owner or operator of the proposed disposal facility will accept the pumping for treatment and disposal;4.3.17.8.1.7Method of measuring wastewater use (water meter, wastewater meter, etc.)4.3.17.8.2A record of pumping dates and the amounts pumped shall be maintained by both the property owner and the liquid waste hauler, and be made available to the Department along with in-flow meter readings as part of the annual renewal of the permit.4.3.17.8.3The appropriate annual inspection fee4.3.17.9Each holding tank shall:4.3.17.9.1In no case shall the tank have a capacity less than seven days average flow from the wastewater generating facility or 1,000 gallons, whichever is larger unless authorized by the Department. When holding tanks are designed to serve the needs of a community or large system, the size shall be in conformance with standard engineering practice as determined by the Department and in accordance with an acceptable monitoring and pumping schedule.4.3.17.9.2Comply with standards for septic tanks as prescribed in these Regulations (see Section 4.4.3).4.3.17.9.3Be located and designed to facilitate removal of contents by pumping.4.3.17.9.4Be equipped with both an audible and visual alarm installed on an AC circuit and placed in a location, acceptable to the Department, to indicate when the contents of the tank are at seventy-five (75) percent of capacity.4.3.17.9.5Have no vent at an elevation lower than the overflow level of the lowest fixture served.4.3.17.9.6Be designed for anti-buoyancy if test hole examination or other observations indicate that seasonally high groundwater may float the tank when empty.4.3.17.9.7Be constructed of the same materials approved for septic tanks. Holding tanks shall be watertight and structurally sound to withstand internal and external loads.4.3.17.9.8Be equipped with an eighteen twenty (18 20) inch diameter or square access opening. The access opening shall be extended to a minimum of six (6) inches above grade level.4.3.17.9.9All tanks constructed on-site (i.e. cast-in-place, concrete block, etc.) shall be tested to assure watertight conditions. Alarms shall be tested for proper operation.4.3.17.10Each holding tank installed under these Regulations shall be inspected annually. A fee shall be charged for each annual inspection and all required documentation shall be submitted also.4.3.17.11No liquid waste from a holding tank shall be applied directly or indirectly onto the ground surface or into surface waters.4.3.17.12Prior to purchase of a dwelling that is currently served by a holding tank or is proposed to be served by a holding tank, the prospective buyer must sign an Affidavit of Understanding of the terms and conditions associated with use of a holding tank. This Affidavit shall be submitted to the Department to be filed with the permit. 4.3.18Permit Applications4.3.18.1Permit applications must be designed in accordance with the prescribed system type and design considerations as specified on an approved site evaluation for that parcel.4.3.18.2Applications for permits shall be made by the owner of the property or the owner's legally authorized agent on forms approved by the Department.4.3.18.3An application is complete only when the form is completed in full, signed by the owner or the owner's legally authorized agent, accompanied by all required exhibits (provided an approved unexpired site evaluation report is on file) and fee. Plus an approval letter from the appropriate governmental unit having jurisdiction that states the local governmental unit has approved the activity by zoning. Incomplete applications will not be processed and may be returned.4.3.19Spare Area4.3.19.1Each site utilizing an onsite wastewater treatment and disposal system shall have sufficient area to accommodate a complete replacement system or an acceptable alternative approved by the Department which satisfies the requirements of these Regulations. This area shall be maintained so that it is free from encroachments by accessory buildings and additions to the main building. Encroachment shall include the ten (10) foot isolation distance to buildings as required by these Regulations. This requirement may be waived if the application for a permit includes a copy of a legal commitment from the governmental unit that states that within five years from the date of the application the governmental unit will extend to the property a community or areawide central wastewater system meeting the requirements of the Department or an acceptable alternative is approved by the Department. The community or areawide central wastewater system has received the necessary approvals for full operation which includes the anticipated flow to the onsite wastewater treatment and disposal system.4.3.20The completed application shall include, at a minimum, the following site information;4.3.20.1Parcel and/or lot dimensions and size with a location map of project site;4.3.20.2Slope - in absorption facility and replacement areas (percent and direction);4.3.20.3Existing wells within 150 feet of the proposed system;4.3.20.4Any and all watercourses or bodies of water;4.3.20.5Distances of the existing and/or proposed on-site well(s) and on-site wastewater treatment and disposal systems from the nearest two fixed points of reference. Points of reference as defined in Section 4.2.1.4;4.3.20.6Soil boring and test pit locations along with limits of approved area as indicated in the approved site evaluation;4.3.20.7Any other information required to satisfy these Regulations 4.3.21A permit shall be issued only to the owner or easement holder of the land on which the system is to be installed.4.3.22The Department shall either issue or deny the permit within twenty (20) working days after receipt of the completed application. However, if conditions prevent the Department from acting to either issue or deny the permit within twenty (20) working days, the applicant shall be notified. The Department shall either issue or return the permit within thirty (30) working days after the mailing date of such notification.4.3.23All permits issued for on-site wastewater treatment and disposal systems pursuant to these Regulations shall be effective for two (2) years from the date of issuance. If the system has been started the Department may issue a limited time period extension and an additional fee will be charged. A one year extension will, if requested, be granted by the Department upon demonstration by the applicant that no changes have occurred in system design, siting, or regulations applicable to the permit since the permit was issued and written certification to such factual findings is provided and all appropriate fees are paid. 4.3.24If any portion of the approved disposal area is disturbed during site construction activities, through grubbing, tree removal or other activities utilizing heavy equipment, a Class E system contractor must submit a certification document, if necessary, prepared by a Class D soil scientist on a form provided by the Department (see Exhibit GG) which states whether the area is suitable for installation or not. If not suitable, additional soil borings or test pits shall be performed within the disturbed area(s) to substantiate the initial site evaluation and a review fee will be charged.4.3.25The Department shall deny the permit if:4.3.25.1The application contains false information;4.3.25.2The proposed system would not comply with these Regulations;4.3.25.3The proposed system, if constructed, would violate a Department moratorium;4.3.25.4A central wastewater system which can serve the proposed wastewater flow is both legally and physically available as described in Sections 4.3.22 and 4.3.23 of these Regulations;4.3.25.5Construction of an on-site wastewater treatment and disposal system is prohibited by codes, ordinances or county or municipal regulations having jurisdiction4.3.26Permit Denial Review4.3.26.1The Department shall make a decision on the application which it determines will best implement the purposes of 7 Del. C., Chapter 60 and these Regulations. Providing of the requisite information in the application procedure by the applicant shall not be construed as a mandatory prerequisite for the issuance of the permit by the Department.4.3.26.2Permit denials for systems and denial reviews may be appealed to the Environmental Appeals Board in accordance with 7 Del. C., Chapter 60, Section 6008.4.3.26.3If the Department intends to deny a permit for a parcel of ten (10) acres or larger in size, the Department shall:4.3.26.3.1Provide the applicant with a Notice of Intent to Deny;4.3.26.3.2Specify reasons for the intended denial; and4.3.26.3.3Offer an appeals process in accordance with 7 Del. C., Chapter 60, Section 6008.4.3.27Authorization to Use an Existing System Permit4.3.27.1Application for an Authorization to Use an Existing System Permit shall be made on forms provided by the Department and shall be accepted only when the forms are complete.4.3.27.2No person shall place into service, change the use of or increase the projected daily wastewater flow above design standards into an existing system without first obtaining an Authorization to Use an Existing System Permit or Alteration, Repair or Replacement Permit as appropriate.4.3.27.3An Authorization to Use an Existing System Permit is not required:4.3.27.3.1Where there is a replacement of a manufactured home with similar units in manufactured home communities with onsite wastewater treatment and disposal systems when an annual inspection has taken place by the Department or an authorized designee certifying that the existing system(s) is/are not malfunctioning.4.3.27.3.2For use of a previously unused system for which a Certificate of Satisfactory Completion has been issued within one (1) year of the date that such system is placed into service, provided the projected daily wastewater flow does not exceed the design flow.4.3.27.4For changes in the use of an existing system where no increase in wastewater flow above design standards is projected, or where the design flow is not exceeded, an Authorization to Use an Existing System Permit shall be issued if:4.3.27.4.1The existing system is not malfunctioning, a cesspool or seepage pit; and4.3.27.4.2All isolation distances from the existing system can be maintained; and4.3.27.4.3The proposed use would not create a public health hazard; and4.3.27.4.4If the Department has no record of an existing on-site wastewater treatment and disposal system, no connection to that system shall be permitted until an inspection has been performed provided the following are uncovered and left uncovered prior to the inspection:4.3.27.4.4.1Septic tank4.3.27.4.4.2Distribution box4.3.27.4.4.3Corners of each trench or the bed (additional area may be required upon inspection)4.3.27.4.5The system had been operated in violation of these Regulations but a repair permit and Certificate of Satisfactory Completion are subsequently issued.4.3.27.5If the conditions of Section 4.3.28.4 cannot be met, an Authorization to Use an Existing System Permit shall be withheld until such time as alterations and/or repairs to the system are made.4.3.27.6For changes in the use of a system where projected daily wastewater flows would be increased above design criteria an Alteration, Repair or Replacement permit must be obtained.4.3.27.7The Department may allow a manufactured home to use an existing system serving another dwelling, in order to provide temporary housing for a family member suffering hardship, by issuing an Authorization to Use an Existing System Permit, if:4.3.27.7.1The Department receives satisfactory evidence which indicates the family member is suffering physical or mental impairment, infirmity, or is otherwise disabled and is in need of temporary housing; and4.3.27.7.2The system is not malfunctioning; and4.3.27.7.3The application is for a manufactured home; and4.3.27.7.4Evidence is provided that a hardship manufactured home placement is allowed on the subject property by the governmental agency that regulates zoning, land use planning, and/or building; and4.3.27.7.5A full system replacement area is available according to an approved site evaluation4.3.27.8An Authorization to Use an Existing System Permit issued for personal hardship shall remain in effect for a specified period, not to exceed cessation of the hardship. The Department shall impose conditions in the Authorization to Use an Existing System Permit that are necessary to ensure protection of public health. If the system fails and additional replacement area is no longer available, the manufactured home must be removed from the property.4.3.28Alteration of Existing Systems:4.3.28.1No person shall alter or increase the design capacity of an existing system without first obtaining an Alteration Permit.4.3.28.2No person shall increase the projected daily wastewater flow into an existing system beyond the design capacity of the system until an Alteration Permit is obtained.4.3.28.3The Department may issue an Alteration Permit if:4.3.28.3.1The existing system is not malfunctioning, a cesspool or seepage pit; and4.3.28.3.2An approved site evaluation report has been obtained; and4.3.28.3.3The proposed installation will be in compliance with these Regulations4.3.28.4Upon completion of installation of that part of a system for which an Alteration Permit has been issued, the permittee shall obtain a Certificate of Satisfactory Completion from the Department.4.3.29Repair and Replacement of Existing Systems4.3.29.1Steps to repair a malfunctioning system shall be initiated immediately and continued until system repair is completed. However, if, at the sole discretion of the Department, it is determined that adverse soil conditions exist due to climatic conditions that would likely preclude a successful repair, the Department may allow a delay in commencing repairs until the soil conditions improve. If this allowance is made, a compliance date and interim system maintenance requirements shall be specified in system construction deficiencies to the system owner. 4.3.29.2No person shall repair a malfunctioning system without first obtaining a Repair Permit. In no case shall a repair to a cesspool or seepage pit be made. Emergency repairs of broken system components, as specifically defined in these Regulations (see Emergency Repair), may be made without first obtaining a permit provided a permit is applied for within three (3) working days after the emergency repairs are begun. Such a delayed application submittal does not relieve any person from complying with subsequent requirements or conditions of approval as may be imposed by the Department.4.3.29.3Upon completion of installation of that part of a system for which a Repair Permit has been issued, the permittee shall obtain a Certificate of Satisfactory Completion from the Department.4.3.29.4The following criteria for a Repair or Replacement Permit shall apply:4.3.29.4.1If the site characteristics and standards described in these Regulations can be met, then the repair installation shall conform to them.4.3.29.4.2If the site characteristics or standards described in these Regulations cannot be met, the Department may allow a reasonable repair or replacement installation in order to eliminate a public health hazard. Reasonable repairs or replacements may require the installation of an alternative system in order to eliminate a public health hazard. In such cases the Department shall use its best professional judgment in approving repairs or replacements that will reasonably enable the system to function properly.4.3.29.5Malfunctioning systems that cannot be repaired shall be abandoned in accordance with these Regulations.4.3.30Alternative Wastewater Treatment and Disposal Systems4.3.30.1Alternative technology onsite wastewater treatment and disposal systems may be appropriate for areas where site constraints limit the suitability for conventional system types. The Department shall consider applications for alternative wastewater treatment and disposal systems on a casebycase basis. It is the policy of the Department to pursue a program of experimentation for the purpose of obtaining sufficient data for the development of alternative wastewater treatment and disposal systems, which may benefit the people of Delaware. For the purposes of this section, applications for community systems that employ advanced treatment units which are in conformance with standard engineering practice as determined by the Department shall not be considered alternative.4.3.30.2Applications for alternative wastewater treatment and disposal systems shall provide documentation of the capabilities of the proposed system. Such documentation shall be in the form of proven data of long term usage of facilities similar to those specified in these Regulations, or short term documentation from controlled projects from reliable sources such as Universities or the National Sanitation Foundation. The Department shall approve only treatment and disposal system applications that provide thorough documentation of proven technology. Alternative wastewater treatment and disposal systems shall provide, at a minimum, an equivalent level of treatment and disposal as a conventional wastewater system. Alternative wastewater products will require the same documentation as above however, these will not require a Class C designer to incorporate into a design.4.3.30.2.1Application information required for all systems or protocols includes the following information (see Exhibit EE);4.3.30.2.1.1Name, address, phone number, fax number and email address for manufacturer, owner and agent.4.3.30.2.1.2Executive summary describing the system, stating the type of approval sought, model numbers, and treatment levels, as applicable.4.3.30.2.1.3System proposed is fully described with the following information:4.3.30.2.1.3.1Construction drawings provided detailing all system components;4.3.30.2.1.3.2Specifications describing all materials to be used, methods of construction, means for assuring the quality and integrity of the finished product, and installation procedures;4.3.30.2.1.3.3Materials specified for use in construction are equal or superior in physical properties and chemical durability4.3.30.2.1.3.4Any special conditions for use, installation, operation; and monitoring and maintenance that should be conditions of any approval document.4.3.30.2.1.4Provide summary of pertinent literature, published research, and previous experience and performance with the system. 4.3.30.2.1.5Provide other state approvals.4.3.30.2.1.6Provide results of any available testing, research or monitoring of pilot systems or full scale operational systems conducted by a third party independent research or testing organization. These independent studies must have adequate research from highly controlled, third party studies with rigorous research protocols or well documented long term use studies of proven wastewater technologies.4.3.30.2.1.7Operation, Maintenance and Monitoring procedures for system.4.3.30.2.1.8Notification given of any proprietary information, system, component, or device.4.3.30.2.1.9Local distributor information and contact information.4.3.30.3No person shall construct an alternative onsite wastewater treatment and disposal system without obtaining a permit from the Department.4.3.30.4Applications for alternative systems shall be made to the Department. The application shall be complete, signed by the owner and accompanied by the required fee. The application shall include detailed system design specifications, plans and any additional information requested by the Department.4.3.30.5Applications for alternative wastewater treatment and disposal systems shall include, but not be limited to, the following:4.3.30.5.1Volume and rate of wastewater flow4.3.30.5.2Characteristics of the wastewater4.3.30.5.3The degree and extent of treatment expected4.3.30.5.4Design criteria, specifications, and drawings including a description of the system, its capabilities, operation and maintenance requirements, unique technical features and system advantages for treatment systems4.3.30.5.5Construction materials4.3.30.5.6Operational and maintenance details along with their requirements4.3.30.5.7The seal of a Professional Engineer having a Class C license may be required4.3.30.5.8Any other information required by the Department4.3.30.6Sites may be considered for Alternative System Permits where:4.3.30.6.1Soils, climate, ground water, or topographical conditions are indicating the seasonal high water table or a limiting condition is encountered deeper than ten (10) inches below the soil surface or observation well data determines the seasonal high water table is deeper than ten (10) inches; and4.3.30.6.2A specific acceptable backup alternative is available in the event of system failure; and4.3.30.6.3Installation of a particular system is necessary to provide a sufficient sampling data base; and4.3.30.6.4Zoning, planning, and building requirements allow system installation; and4.3.30.6.5The system will be used on a continuous basis during the life of the project4.3.30.7The permit shall:4.3.30.7.1Specify method and manner of system installation, operation and maintenance;4.3.30.7.2Specify method, manner and duration of system testing and monitoring, at the Department’s discretion;4.3.30.7.3Identify when and where the system is to be inspected;4.3.30.7.4Require system construction and use within two (2) years of permit issuance 4.3.30.8 Inspection of all installed systems shall be performed by a Class C designer, and the Department and the manufacturer’s representative, if Class E system contractor is not certified by the manufacturer for the product. Upon completion of each phase requiring inspection by the permit, the Class E system contractor shall notify the Department, and the Class C designer and manufacturer’s representative, if necessary.4.3.30.9The Department may inspect construction at any time to determine whether it complies with permit conditions and requirements.4.3.30.10After system installation is complete and the Department has determined that it complies with permit conditions, a Certificate of Satisfactory Completion shall be issued.4.3.30.11If the Department finds the operation of the system is unsatisfactory; the owner, upon written notification by the Department shall promptly repair or modify the system, replace it with another acceptable system, or abandon the system.4.3.30.12The system will be monitored by the Department and/or the Department’s designee in accordance with a schedule contained in the permit and the operation and maintenance requirements in 4.5.6.4.3.30.13Should any additional guidelines be developed by the Department, the permitee would be responsible for meeting these guidelines.4.3.30.14Flow Equalization Requirements4.3.30.14.1Flow equalization systems may be used for non-residential facilities that regularly and predictably operate at less than full capacity. Examples of applicable facilities include: churches, schools, offices, stadiums, etc. Other facilities may be permitted for flow equalization when approved by the Department on a case by case basis.4.3.30.14.2Flow equalization Terms4.3.30.14.2.1Equalized Daily Flow is the total volume of wastewater generated by flow events at the facility during the flow equalization cycle divided by the number of days in the cycle.4.3.30.14.2.2Flow equalization cycle is the time period in which wastewater will be stored and dosed.4.3.30.14.2.3Flow event is an event in the flow equalization cycle in which wastewater will be generated.4.3.30.14.2.4Flow Balance is a daily account of the amount of stored effluent in the equalization tank which is serviced from the incoming flow, residual storage and outgoing flow. The flow balance shows the day of the week, the amount of wastewater generated, the amount of wastewater dosed, and the residual amount of effluent left in the dosing tank each day. At the end of the flow equalization cycle, the sum of the incoming flow should equal the sum of the amount dosed.4.3.30.14.3System Sizing and Design Criteria4.3.30.14.3.1The septic tank shall be designed to accommodate the largest flow projected in a 24 hour period.4.3.30.14.3.2Equalization Dosing Tank shall be sized to allow for:4.3.30.14.3.2.1Minimum dose volume: minimum dose required based on the size of field.4.3.30.14.3.2.2Equalization volume: the highest cumulative volume of effluent as determined by the flow balance.4.3.30.14.3.2.3High water alarm: the high water alarm shall be set to activate at or above the equalization volume.4.3.30.14.3.3Drainfield Sizing4.3.30.14.3.3.1The equalized flow shall be calculated by adding the design daily flow for each event in the flow equalization cycle and dividing by the number of days in the cycle. Under this approval the maximum number of equalization days is seven (7).4.4Installation Requirements4.4.1Excavation4.4.1.1Clearing and Grubbing: All vegetation shall be cut and removed from the grade surface at a distance of ten (10) feet beyond the perimeter of the disposal area (see Lot Clearing Guidelines). Trees and shrubs shall be cut and removed at grade level while roots may be left in place. All cut materials shall be removed from the disposal area.4.4.1.2Special care should be taken when clearing vegetation from an approved disposal area as disturbance of the soil surface may render the site unsuitable.4.4.1.3All unsuitable excavation materials shall be discarded and the excavation shall be kept dry and de-watered from surface drainage until backfilling is completed.4.4.1.4Excavation machinery shall be of such type and operated in such a manner that they will not compact or smear the trench or bed sidewall soils. If smearing does occur, the smeared surfaces shall be hand raked to expose an unsmeared soil interface. Trenchers are preferred for excavation of LPP trenches.4.4.1.5Excavations below the design depth shall be brought up to proper elevation with approved fill materials installed in accordance with these Regulations and the requirements for sandlined systems. Additional aggregate may only be used when a minimum of three (3) feet of undisturbed soil can be maintained between the bottom of the aggregate and the limiting zone. In no case shall more than one (1) foot of additional aggregate be used.4.4.1.6The sides of the trenches or beds shall be practically plumb and scarified.4.4.1.7The bottom of the trench or bed area shall be practically level as determined by using a transit, or laser level, with a maximum grade tolerance of two (2) inches per one hundred (100) feet.4.4.1.8All trench or bed excavations shall be kept free of water and dry. Tamping of trench sides and bottoms is not permitted.4.4.2Materials4.4.2.1Sandy fill materials shall be medium sand, sandy loam, loamy sand/sandy loam mixture. The fill material shall have the following characteristics:PRIVATE Sieve SizeMaximum Percentage Passing Sieve3/8"100%No. 495-100%No. 50530%No. 10017%4.4.2.2Filter aggregate must come from a supplier approved by the Department. Storage and cleaning procedures must be approved by DNREC before supplier can be included on approved list. Random inspection of supply pits and supplier’s storage facilities shall be performed by the Department. Tire chip (shreds) specifications are located in the second table below.Sieve SizeMaximum Percentage Passing Sieve2 ?”100% minimum2”100% minimum1 ?”100% minimum1”100% minimum?”50% maximum#410% maximum#80% maximumNOTE:The Class E system contractor shall submit upon request a Certification of Materials for fill and aggregate used in systems. This certificate shall be obtained from the supplier.Sieve SizeMaximum Percentage Passing Sieve4”100% minimum2”25% minimum#45% maximumNOTE:The tire shreds shall have less than 1% (by weight) of metal fragments that are not at least partially encased in rubber. Metal fragments shall protrude no more than one (1) inch on 100% of the pieces and no more than ? inch on 75% of the pieces (by weight). In no case shall the tire shreds contain the remains of tires that have been subjected to a fire.4.4.2.3Grade boards or blocks may be used in pipe installation to assure a proper slope of less than two (2) inches per one hundred (100) feet for gravity distribution lines.4.4.2.4Filter fabric shall be placed over the gravel with a two (2) inch overlap turned up on each side of the trench or bed.4.4.2.5Aggregate-free chambers or any other similar devices may be used in the design, installation, and operation of on-site wastewater treatment and disposal systems in Delaware, but are subject to approval of the Department. The minimum disposal area required when using aggregate-free chambers shall be calculated by utilizing the most recent guidelines and Sections 4.3.2.2 and 4.3.2.3.4.4.3Septic Tank Installation4.4.3.1Excavation: The excavation shall be large enough to allow safe, unencumbered working conditions but in no case shall the size of the excavation be less than two (2) feet beyond the perimeter of the tank. Excavations shall be kept dewatered from surface drainage until backfilling is complete.4.4.3.2Foundations: The tank shall be placed on firm, dry, granular, undisturbed soil that has been graded level. Gravel bedding shall be used on damp or fine grained soils. A gravel bed foundation shall consist of stone no larger than that which will pass through a 3/4" sieve which meets the specifications in section 4.4.2.2 and shall be placed level to a minimum thickness of six (6) inches in the excavation. The gravel bed shall extend one (1) foot beyond the perimeter of the tank.4.4.3.3All tanks shall be placed on a level grade and at a depth that provides adequate gravity flow from the source. Where adequate flow from the source is maintained through the use of pumping equipment, the impact of pumping rates and potential surge flows shall be evaluated so as to maintain the treatment efficiency of the septic tank unit.4.4.3.4Previously excavated material from the tank excavation may be used for backfill provided the excavation material is dry and free of stones larger than four (4) inches in diameter, construction debris, concrete, wood and other similar materials. To equalize external pressure against the septic tank, backfill material shall be placed and compacted, extending a minimum of two (2) feet beyond the perimeter of the tank.4.4.3.5Backfill materials shall be placed in uniform layers not more than eight (8) inches thick and compacted to no less than 85% Modified Proctor Density. Tamping shall be done in a manner that will not produce undue stress or strain on the tank. All backfill shall be free of excessive moisture.4.4.3.6Testing: All tanks constructed onsite (i.e., castin place, concrete block, etc.) shall be tested to ensure watertight conditions and to check alignment and operation of inlet, inter-compartment and outlet connections prior to backfill. When tested, tanks shall be filled to overflowing with water to observe operation of all connections and fittings. All visible leaks in the tank observed by the installer shall be repaired prior to backfilling.4.4.4Distribution Networks4.4.4.1All systems requiring a total of more than 2,500 square feet of disposal area shall have a pressurized distribution system pursuant to these Regulations.4.4.4.2All systems requiring more than 2,500 square feet of disposal area, with the exception of low pressure pipe systems, shall be divided into a minimum of two separate alternating systems of equal size with pressurized distribution provided alternatively to each system. The minimum separation between absorption facilities shall be ten (10) feet, which, with the exception of subsurface irrigation systems, will be determined on a case by case basis.4.4.4.3All systems installed on lots where percolation rates are faster than six (6) mpi shall have pressure distribution systems.4.4.4.4A minimum distance of four (4) feet and a maximum distance of six (6) feet shall separate adjacent laterals in a bed. Laterals shall be placed no farther than three (3) feet from the sidewalls of the bed. The length to width ratio for seepage beds and elevated sand mounds shall be 4: 1 or greater and maximum bed width shall not exceed twenty five (25) feet, unless approved by the Department. A minimum distance of six (6) feet shall separate laterals in a trench disposal system. 4.4.4.5Gravity system distribution laterals may be connected in closed loop systems.4.4.4.6The maximum allowable lateral length is one hundred (100) feet for gravity distribution systems and pressure distribution systems.4.4.4.7Each trench or bed system shall contain at least two distribution laterals. Trenches shall be utilized in all distribution systems located on slopes in excess of two (2) percent, unless otherwise approved by the Department.4.4.4.8All distribution systems shall ensure equal distribution when designed on slopes.4.4.5Conventional Treatment and Disposal Systems4.4.5.1Gravity Trenches and Beds (see Exhibits K, L, M and N)4.4.5.1.1A minimum of twelve (12) inches of filter aggregate shall be placed in the bed or trench. A minimum of six (6) inches of aggregate shall be placed under the distribution laterals. The remaining filter aggregate shall be placed so that a minimum depth of no less than two (2) inches exists above the crown of the distribution pipe.4.4.5.1.2For trenches or beds with a minimum sidewall depth of twenty four (24) inches, backfill shall be placed in accordance with permit requirements. Unless otherwise required by the Department, the construction sequence shall be as follows:4.4.5.1.2.1The backfill material shall be at least twelve (12) inches in depth above the filter fabric and returned to the original grade. 4.4.5.1.2.2Backfill material shall be carefully deposited by methods which will not damage or disturb the distribution pipe or result in undue compaction of the backfill.4.4.5.1.2.3Backfill over trenches or beds shall not be tamped.4.4.5.1.2.4Material containing an excess of moisture shall be permitted to dry until the moisture content is within workable limits. The moisture content of the material being placed shall be within plus or minus 3% of optimum as determined by AASHTO Designation T 99.4.4.5.1.2.5Backfill material which is too dry for proper placement shall be wetted. All materials shall be free of stones larger than two (2) inches in diameter, debris, trash, wood or other similar materials.4.4.5.1.3For trenches or beds with a minimum sidewall depth of twelve (12) inches but less than twenty four (24) inches, a capping fill shall be placed over the disposal system. The cap shall be constructed pursuant to permit requirements (see Exhibits M and N). Unless otherwise required by the Department, the construction sequence shall be as follows:4.4.5.1.3.1The texture of the soil used for the cap shall be of the same textural class or of one textural class finer, as the natural topsoil. All materials shall be free of stones larger than two (2) inches in diameter, debris, trash, wood or other similar materials. 4.4.5.1.3.2Construction of capping fills shall not occur when the natural soil has a moisture content which causes loss of soil structure and porosity when worked.4.4.5.1.3.3The disposal area shall be scarified to destroy the vegetative mat.4.4.5.1.3.4The system shall be installed as specified in the construction permit. There shall be a minimum of ten (10) feet of separation between the edge of the fill and the absorption facility.4.4.5.1.3.5Suitable backfill shall be applied to the fill site and worked in so that the two (2) contact layers (native soil and fill) are mixed. Fill material shall be evenly graded to a final depth of sixteen (16) inches over the aggregate.4.4.5.1.3.6The site shall be landscaped according to permit conditions and be protected from livestock, automotive traffic or other activity that could damage the system.4.4.5.2Sand Mounds (see Exhibit Q)4.4.5.2.1Sand mound absorption areas shall be plowed six (6) to eight (8) inches deep parallel to the contour after removing the vegetative mat. Plowing shall not be done on wet soils. No plowing instruments which compact the soil shall be used. Moldboard or chisel plows are recommended.4.4.5.2.2Immediately after plowing, sandy fill shall be placed on the up-slope edges of the plowed mound absorption area and spread to a depth as specified in the permit. Only lightweight equipment such as small track type tractors shall be allowed.4.4.5.2.3A twelve (12) inch bed of aggregate or gravel-less chamber shall be placed over the sandy fill. Six (6) inches of aggregate shall be placed under the distribution lateral with the remaining aggregate shall be placed to an additional depth of six (6) inches in depth with at least two (2) inches over the crown of the distribution pipe. 4.4.5.2.4A minimum allowable distance of four (4) feet and a maximum distance of six (6) feet shall separate adjacent laterals in an elevated sand mound bed.4.4.5.2.5The slope of the sand fill not directly beneath the filter aggregate shall be 3:1, with 5:1 recommended by the Department.4.4.5.2.6Mound covering or berm soil shall be loamy sand or sandy loam.4.4.5.2.7The mound berm shall extend at least twelve (12) inches above the twelve (12) inch filter aggregate layer plus at least six (6) inches of topsoil cover.4.4.5.2.8The outside slopes of the mound cover or berm shall be approximately 3:1 with 5:1 recommended by the Department.4.4.5.2.9Erosion control shall be provided over the complete mound in one of the following manners:4.4.5.2.9.1Grass shall be planted over the entire mound and stabilized with mulch; or4.4.5.2.9.2Sod entire mound; or4.4.5.2.9.3Other pre-authorized methods of erosion control4.4.5.3Low Pressure Pipe Systems (see Exhibits O & P)4.4.5.3.1A trench width of twelve (12) inches shall be used.4.4.5.3.2Trenches shall be no less than five (5) feet on center.4.4.5.3.3There shall be six (6) inches of aggregate or gravel-less chamber below the pipe and two (2) inches of aggregate above the pipe. There shall be a minimum of six (6) inches and a maximum of nine (9) inches of soil cover.4.4.5.3.4Filter fabric shall be placed on top of the aggregate in the trench with a two (2) inch overlap turned up on each side of the trench.4.4.5.3.5Check valves are required to eliminate the back siphoning of effluent from the laterals.4.4.5.3.6Turn ups or cleanouts shall be finished below grade and protected by a four (4) inch diameter or greater Sch. 40 PVC sleeve with a cap and ferrule finished at grade.4.4.5.3.7Timers or other electrical on/off delay devices shall be installed to ensure dosing frequencies.4.4.5.4Wisconsin At-Grade System (see Exhibits U & V)4.4.5.4.1Wisconsin At-Grade (WAG) absorption areas shall be plowed seven (7) to eight (8) inches deep parallel to the contour after removing the vegetative mat. Plowing shall not be done on wet soils. No plowing instruments which compact the soil shall be used. Moldboard or chisel plows are recommended.4.4.5.4.2Immediately after plowing, a twelve (12) inch bed of filter aggregate shall be placed over the plowed area. Six (6) inches of aggregate shall be placed under the distribution lateral with the remaining aggregate placed to an additional depth of six (6) inches with at least two (2) inches over the crown of the distribution pipe. Only lightweight equipment such as small track type tractors shall be allowed when placing the aggregate.4.4.5.4.3Filter fabric shall be placed over the aggregate bed prior to backfilling.4.4.5.4.4WAG covering or berm soil shall be loamy sand or sandy loam.4.4.5.4.5The WAG covering or berm shall extend at least twelve (12) inches above the twelve (12) inch filter aggregate layer with six (6) inches of topsoil cover.4.4.5.4.6The outside slopes of the WAG cover or berm shall be approximately 5:1.4.4.5.4.7Erosion control shall be provided over the complete WAG in one of the following manners:4.4.5.2.9.1Grass shall be planted over the entire WAG and stabilized with mulch; or4.4.5.2.9.2Sod entire WAG; or4.4.5.2.9.3Other pre-authorized methods of erosion control4.4.5.5Site Restoration:4.4.5.5.1The finished grade of the backfill over seepage bed, trench and sand-lined absorption facilities shall be sloped to provide positive drainage.4.4.5.5.2The land adjacent to all absorption facilities shall be graded to prevent both the accumulation of surface water on the absorption facility and the flow of surface water across the absorption facility. The finished absorption facility and fill extensions shall be seeded and mulched to prevent erosion.4.4.5.5.3Trees shall not be planted within ten (10) feet of the perimeter of absorption facility. All trees and shrubs shall be located to prevent root intrusion into the absorption facility and other components of the system. Shallow rooted shrubs are permitted (i.e., rhododendrons, azaleas, etc.).4.4.5.5.4All areas of disturbance due to the installation of the absorption facility shall be either sodded or seeded and mulched to establish a permanent grass cover.4.4.6Inspections4.4.6.1Construction4.4.6.1.1The Class E system contractor shall contact the Department 24 hours prior to system construction to obtain a startup number to authorize the construction.4.4.6.1.2Changes to a permit which result in only a relocation of the system can be done by submitting a pre-inspection as-built, which requires a minimal check against the site evaluation to ensure the system is still located within approved soils and that all required isolation distances are met. These as-builts are to be submitted to the Department by the Class E system contractor prior to installation. The Class E system contractor must obtain permission from the designer prior to submittal.4.4.6.1.3When construction, alteration or repair of a system is complete, except for backfill (cover), or as required by permit, the Class E system contractor shall notify the Department. The inspector shall inspect the installation to determine if it complies with these Regulations and the terms and conditions of the permit, unless the inspection is waived by the Department in accordance with Section 4.4.6.1.64.4.6.1.4It is the responsibility of the Class E system contractor to confirm the results of the pre-cover inspection prior to backfilling the system.4.4.6.1.5An inspector shall be either:4.4.6.1.5.1An employee of the Ground Water Discharges Section;4.4.6.1.5.2A Class C designer or his/her designee. The Class C designer must submit a list of authorized personnel, on company letterhead, to the Department for review and approval.4.4.6.1.5.3Any person officially authorized by the Department to perform inspections of on-site wastewater treatment and disposal systems.4.4.6.1.6The Department may waive the precover inspection, provided:4.4.6.1.6.1The installation is an on-site wastewater treatment and disposal system installed by a licensed person pursuant to these Regulations; and4.4.6.1.6.2After system completion the system contractor provides a construction report which certifies in writing that the system complies with the Department's Regulations within seventy two (72) hours of system completion. If any changes were made to the system the contractor must provide a detailed asbuilt plan (drawn to scale) within seventy two (72) hours of system completion.4.4.6.1.7Failure to comply with Departmental Regulations and the conditions of the permit will result in verbal notification to the Class E contractor. Failure to correct deficiencies within ten (10) calendar days (weather permitting) will result in written notification of such to both the Class E system contractor and permittee. Additional inspections may be required by the Department. 4.4.6.1.8Once a system has received a satisfactory pre-cover inspection or authorization to cover without a Departmental inspection, the system may be covered as specified in the approved permit. Backfilling must be completed within ten (10) calendar days of a satisfactory pre-cover inspection, weather permitting.4.4.6.1.9Systems requiring earthen caps and all mound systems shall require a final cover inspection pursuant to Section 4.4.6.1.3 or 4.4.6.1.6. Capping of systems must be completed within ten (10) calendar days of a satisfactory pre-cover inspection or authorization to cover without Departmental inspection, weather permitting.4.4.6.1.10Inspections performed by Class C designers shall conform to guidelines established by the Department. 4.4.6.1.11In situations where the Class C designer is not comfortable approving a system, he/she is to contact the Department immediately.4.4.6.2Class H4.4.6.2.1Must be performed by a Class H system inspector. NOTE: If an inspection has occurred within the previous 36 months and the property owner can provide documentation of such pump out and inspection, then such documentation will fulfill the requirements of this section.4.4.6.2.2Research historic records with DNREC (permits and/or site evaluations) through tax map numbers and previous owners. Submission of current zoning certificate required4.4.6.2.3All reports required to be submitted on forms provided by the Department (see Exhibit A)4.4.6.2.4Interview the homeowner and/or tenants when completing the inspection forms, if available4.4.6.2.5Perform a visual inspection under the house for grey water lines or separate systemsNOTE: Report if area under the dwelling is not accessible4.4.6.2.6Flow test from each household fixture, if applicable NOTE: Report if access to dwelling is not available4.4.6.2.7Tank and Building Sewer Inspection4.4.6.2.7.1Locate tank4.4.6.2.7.2Excavate both inlet and outlet lids on septic tank, if not equipped with risers4.4.6.2.7.3Check flow through building sewer from house to inlet baffle, if possible4.4.6.2.7.4Observe and make note of effluent levels in septic tank4.4.6.2.7.5Observe and make note of effluent filter, if present 4.4.6.2.7.6Measure sludge and scum thickness to determine the volume of solids in the tank4.4.6.2.7.6.1The combined total should not exceed 30% of tank volume4.4.6.2.7.7Proceed with tank pump-out. This is required for all inspections4.4.6.2.7.7.1Pay attention to pump-out, note abnormal items4.4.6.2.7.8Inspect the structural integrity of the tank4.4.6.2.7.9Inspect inlet and outlet pipes4.4.6.2.7.10Inspect all baffles4.4.6.2.7.11Observe flow back from drainfield, if any4.4.6.2.8Distribution Box Inspection, if applicable, if not go to 4.4.6.2.94.4.6.2.8.1Dig up and inspect structural integrity of distribution box (d-box)4.4.6.2.8.2Inspect grouting and/or gaskets around both the inlet and outlets pipes4.4.6.2.8.3Observe water level in d-box4.4.6.2.8.4Observe that all outlet inverts are set levelNOTE: In a properly functioning system, the water level should not be above the invert of the outlet pipe. If the water level is above the invert of the outlet pipes, this can be an indicator that ponding may be occurring in the drainfield. Special attention should be given to the NOTE: in 4.4.6.2.10.3 as this condition in the distribution box along with probing throughout the drainfield may eliminate the need for additional excavation.4.4.6.2.8.5If pump truck is still on-site, evacuate d-box observing any backflow from drainfield.4.4.6.2.8.6Check d-box for cracks and inflow of sediment or carryover of FOG/SludgeNOTE: In the event that a distribution box is located deeper than four (4) feet below the soil surface, the use of video inspection equipment for the purpose of inspecting the distribution box will be considered satisfactory.4.4.6.2.9Dosing Chamber Inspection, if applicable, if not go to 4.4.6.2.104.4.6.2.9.1Inspect the structural integrity of the dosing chamber, riser and lid4.4.6.2.9.2Inspect grouting and/or gaskets around pipe openings, tank seams and risers4.4.6.2.9.3Make a visual inspection of the electrical components for safe and corrosion free appearance 4.4.6.2.9.4Check float switches for proper operation of the pump and alarm4.4.6.2.9.5Check for timer location, if applicable 4.4.6.2.9.6Ensure that flow is leaving the dosing chamber by taking effluent measurements before and after activating the pump4.4.6.2.9.7Check electrical panel, if possible, to determine if two or more circuits are used for the pump and alarm4.4.6.2.9.8Check for weep hole, below check valve, ensure open, if applicable4.4.6.2.10Gravity Drainfield Inspection (Full Depth and/or Capping Fill), if applicable, if not go to 4.4.6.2.114.4.6.2.10.1Perform visual inspection of the drainfield areaNOTE: Look for wet or depressed areas with lush vegetation.4.4.6.2.10.2Using system records and permits, if available, locate the drain field4.4.6.2.10.3In all cases, the existing drainfield should be probed to find its size and extent as well as its exact locationNOTE: While probing the drainfield, care should be taken to observe the apparent operating condition of the drainfield. If, in the opinion of the inspector, there appears to be ponding in the drainfield, additional excavation, to determine the extent of the ponding and the systems functionality, may be necessary. 4.4.6.2.10.4In the event that the dwelling/building connected to the system that is being inspected has been vacant for more than seven days, it is recommended that a flow/slug test, as described by NAWT or PSMA, be performed on the drainfield. 4.4.6.2.11Pressure Dosed Inspection (Full Depth and/or Capping Fill), if applicable, if not go to 4.4.6.2.124.4.6.2.11.1Perform the initial inspection in the same manner as 4.4.6.2.10 above “Gravity Drainfield Inspection”.4.4.6.2.12Elevated Sand Mound Inspection, if applicable, if not go to 4.4.6.2.134.4.6.2.12.1Perform the initial inspection in the same manner as 4.4.6.2.10 above “Gravity Drainfield Inspection”.4.4.6.2.12.2Ensure the satisfactory condition of grass cover for stabilization 4.4.6.2.13Low Pressure Pipe System (Full Depth and/or Capping Fill) Inspection, if applicable, if not go to 4.4.6.2.144.4.6.2.13.1Perform the initial inspection in the same manner as 4.4.6.2.10 above “Gravity Drainfield Inspection”4.4.6.2.13.2Perform a visual inspection of the drainfieldNOTE: Look for wet, depressed areas with lush vegetation.4.4.6.2.14Wisconsin At-Grade System Inspection, if applicable, if not go to 4.5.64.4.6.2.14.1Perform the initial inspection in the same manner as 4.4.6.2.10 above “Gravity Drainfield Inspection”4.4.6.2.14.2Perform a visual inspection of the drainfieldNOTE: Look for wet, depressed areas with lush vegetation.4.4.7Certificate of Satisfactory Completion4.4.7.1The Department shall issue a Certificate of Satisfactory Completion, if, upon inspection of the installation, the system complies with the Department's Regulations, the conditions of the permit, and a construction report is submitted to the Department.4.4.7.2A system shall be backfilled (covered) when:4.4.7.2.1The Class E system contractor is notified by the Department that inspection has been waived; or 4.4.7.2.2The inspection has been done and authorization has been granted to cover the system4.4.7.3Corrections necessary to meet requirements for satisfactory completion shall be made within seven (7) calendar days after written notification by the Department, unless otherwise required.4.4.7.4A Certificate of Satisfactory Completion shall be valid for a period of two (2) years from the date of issuance. After the two (2) year period, the Regulations for Authorization to Use an Existing System Permit or Alteration Permit apply.4.4.7.5Denial of a Certificate of Satisfactory Completion may be appealed in accordance with 7 Del. C., Chapter 60, Section 6008.4.4.7.6If the system has been placed into operation without the required Certificate of Satisfactory Completion, a Notice of Non-Compliance shall be issued to the owner and must be corrected within ten (10) calendar days or system must be abandoned in accordance with Section 4.4.8.3.4.4.8Abandonment of On-Site Wastewater Treatment and Disposal Systems4.4.8.1General Requirements4.4.8.1.1All systems shall be abandoned by a Class E system contractor or other governmental appointee.4.3.8.1.2Within ten (10) calendar days of abandonment, the Class E system contractor or governmental appointee shall submit a System Abandonment Report on a form provided by the Department (see Exhibit AA). The report shall be filled out completely and signed by the system contractor or governmental appointee.4.4.8.2The system shall be properly abandoned when:4.4.8.2.1A central wastewater system becomes available and the building sewer has been connected thereto; or4.4.8.2.2The source of wastewater has been permanently eliminated; or4.4.8.2.3The system has been operated in violation of these Regulations, until a repair permit and Certificate of Satisfactory Completion are subsequently issued; or4.4.8.2.4The system has been constructed, installed, altered, or repaired without a required permit authorizing same, unless, and until a permit is subsequently issued4.4.8.3Procedures for Abandonment:4.4.8.3.1The septic tank, cesspool or other treatment unit shall be pumped by a Class F liquid waste hauler to remove all of the contents;4.4.8.3.2The septic tank, cesspool or other treatment unit shall be removed or filled with sand, bank run gravel, or other material approved by the Department;4.4.8.3.3The system building sewer shall be permanently capped and,4.48.3.4The System Abandonment Report has been submitted to the Department4.5Operation and Maintenance4.5.1The owner shall be responsible for maintaining and operating onsite wastewater treatment and disposal systems. Upon transfer of ownership, the new owner shall be responsible for proper operation and maintenance of the system and will be subject to all penalties for any violation of these Regulations.4.5.2Each onsite wastewater treatment and disposal system shall be pumped by a licensed liquid waste hauler once every three years and alternative treatment systems shall be pumped according to manufacturer recommendations unless determined that the tank is less than one-third (1/3) full of solids. The schedule shall be prescribed in accordance with current Department guidelines based on the size of the treatment unit and anticipated number of residents. The owner of the onsite wastewater treatment and disposal system shall maintain a record indicating the system has been pumped and provide such documentation to the Department upon request.4.5.2.1Effluent filters shall be cleaned every six (6) months, at a minimum, or as necessary to prevent backing up into the dwelling. Cleaning is accomplished by hosing off the filter over the open outlet cover riser.4.5.3Organic chemical septic tank cleaning agents shall not be used in individual or community onsite wastewater treatment and disposal systems.4.5.4Grease traps shall be cleaned when seventy five (75) percent of the grease retention capacity has been reached.4.5.5The sites of the initial and replacement absorption facilities shall not be covered by asphalt or concrete or subject to vehicular traffic or other activity which would adversely affect the soils. These sites shall be maintained so that they are free from encroachments by accessory buildings and additions to the main building.4.5.6The Department may impose specific operation and maintenance requirements for onsite wastewater treatment and disposal systems to assure continuity of performance and has imposed specific operation and maintenance requirements for alternative systems. These requirements follow;4.5.6.1Prior to the Ground Water Discharges Section (GWDS) granting a Certificate of Completion, the permittee must enter into a service contract with a certified service provider initially, for a minimum of two (2) years starting at the onset of initial system operation. Specifically the service contract shall prescribe an Inspection Program and Homeowner Training Program as outlined below:4.5.6.1.1Inspection Program The inspection program shall include the following: a schedule indicating inspection frequency; inspection objective(s); inspection details; necessary operation and maintenance activities; additional sampling if required; and record keeping requirements.4.5.6.1.1.1 Inspection frequency/Objective: The service contract must outline that the certified service provider is to inspect the system once every six (6) months or otherwise as approved by the GWDS. 4.5.6.1.1.2Inspection Reports: The contract must outline that the certified service provider must document all inspections. Operation inspection reports shall indicate the following: date and time of the inspection; sampling and laboratory analysis results; operation and maintenance performed; repairs; an assessment indicating the current performance status of the entire treatment and disposal system; and any corrective actions that must be taken prior to the next inspection.? All inspection reports shall be on forms approved by the GWDS.4.5.6.1.2Homeowner Training ProgramThe service contract must state that the certified service provider is required to meet with the homeowner during the first 6th month inspection. The certified service provider is to educate the homeowner on the components of the system and on the proper operation and maintenance requirements.? At this time, the certified service provider shall provide the homeowner with an operation and maintenance manual.4.5.6.2Following the initial two (2) year period, the permittee is required to maintain a service contract for the life of the system by either: renewing the existing contract annually, at a minimum, or by contracting with another certified service provider.?The service contract must contain the inspection program requirements from 4.5.6.1.1 above. 4.5.6.3The permittee must submit all inspection reports and updated contracts from the previous year by February 1st of each year to the GWDS. The GWDS will mail out reminders.4.5.6.4The GWDS reserves the right to collect and analyze samples to ensure proper treatment levels and system performance.4.5.6.5Right of EntryThe Secretary of the DNREC or his or her authorized representatives, in regulating water pollution or any other matter over which he or she has jurisdiction under 7 Del. C., Chapter 60, may for the purposes of inspection of on-site wastewater treatment and disposal system(s) installed and or to determine whether a violation exists under 7 Del. C., Chapter 60 or regulation enforceable by the Secretary of the DNREC, may enter, private or public property at reasonable times, upon given verbal notice, after the presentation of official identification to the owner, occupant, custodian or agent of the property.4.5.6.6.The GWDS may increase inspection frequencies as warranted. A notice outlining new frequencies and cause will be provided to the permittee prior to initiation.4.5.6.7TransferabilityThis permit is personal and may not be transferred without the prior written consent of the GWDS. Thirty days prior to the transfer of the real property, the owner shall obtain the written consent of the GWDS to transfer this permit to the new property owner. Transfer of the maintenance agreement must also be completed and approved prior to transfer. Failure to obtain such written consent may result in the revocation of this permit. 4.5.7Alternative systems shall be inspected by the Department or its designee once every three years and a fee may be required. 4.5.8The Department recommends alternative systems be inspected annually, at a minimum.4.6VariancesVariances from any provisions contained in these Regulations may be granted after a public notice and hearing, if warranted.4.6.1Applications for Variances4.6.1.1A separate application shall be made to the Department for each site considered for a variance.4.6.2Formal4.6.2.1A letter signed and submitted by the property owner or their authorized agent requesting a Formal Variance (FV). This submittal must include all appropriate fees; and 4.6.2.2A site evaluation report conducted by a Class D soil scientist, unless waived by the Department; and4.6.2.3A proposed disposal system location. At the sole discretion of the Department, a design prepared by a licensed designer may be required to show exact location of a proposed system with initial submission of the FV application; and 4.6.2.4A list of all property owners names and addresses located contiguous to the variance site; and4.6.2.5A percolation test conducted by a Class A percolation tester or an assigned percolation rate by the Class D soil scientist based upon USDA soil textures (see Exhibit Y) and;4.6.2.6The location of all wells within one hundred fifty (150) feet of the property; and4.6.2.7The Department shall advertise a FV in a local newspaper and/or the Departments website to include direct notification of adjacent property owners. The Department will not hold a public hearing unless a meritorious request is made. 4.6.2.8Upon approval of the FV the following criteria will be required:4.6.2.8.1A completed permit application prepared by a licensed designer, if not previously submitted; and4.6.2.8.2Only those items stated in writing in the initial request will be granted in the FV; and4.6.2.8.3The FV shall be in effect for a period of five (5) years from its approval date and must be permitted prior to the expiration date. After expiration, the FV must be re-accomplished using the process outlined in section 4.6.24.6.2.9In the event that the FV is not granted the applicant may refer to Section 4.6.64.6.3Rural Area4.6.3.1Variances for any provision of these Regulations may be granted by the Secretary in certain rural zones provided that:4.6.3.1.1The owner executes and records in the appropriate County Office of the Recorder of Deeds an affidavit, on a form approved by the Department, which notifies prospective purchasers that the property is subject to a Rural Area Variance (RAV); and4.6.3.1.2The parcel size is not less than ten (10) acres; and4.6.3.1.3The permit is for an onsite wastewater treatment and disposal system designed to serve a single family dwelling; and4.6.3.1.4The onsite wastewater treatment and disposal system will function in a satisfactory manner so as not to create a public health hazard; and4.6.3.1.5Each RAV application shall include:4.6.3.1.5.1A letter signed and submitted by the property owner or their authorized agent requesting a RAV. This submittal must include all appropriate fees; and 4.6.3.1.5.2A site evaluation report conducted by a Class D soil scientist, unless waived by the Department, to include the requirements of section 4.6.3.1; and4.6.3.1.5.3Proof the parcel is a minimum of ten (10) acres (survey or statement from zoning office); and4.6.3.1.5.4Location of any jurisdictional wetlands, if delineated; and4.6.3.1.5.5A proposed disposal location which is a minimum of one hundred (100) feet from all property boundaries (when soil conditions allow); and4.6.3.1.5.6The location of all wells within one thousand hundred fifty (1,000 150) feet of the proposed absorption facility property boundaries; and4.6.3.1.5.7The property owner(s) shall provide a A list of all property owners names and addresses located contiguous to the site within one thousand (1,000) feet of parcels property lines; and4.6.3.1.5.8A percolation test conducted by a Class A percolation tester or an assigned percolation rate by the Class D soil scientist based upon USDA soil textures (see Exhibit Y); and4.6.3.1.5.9The Department shall advertise the RAV application in a local newspaper and/or the Department’s website to include direct notification of adjacent property owners. The Department will not hold a public hearing unless a meritorious request is made. 4.6.3.1.5.10Submit soils report with appropriate site evaluation fee, if fee not paid already. Upon reviewing the soils report, the Department will determine the system type, design specifications and return this information to the owner, or designated agent.4.6.3.1.6Upon approval of the RAV (completion of Section 4.6.3.1.5), the following criteria will be required:4.6.3.1.6.1A completed permit application prepared by a licensed designer, if not previously submitted; and4.6.3.1.6.2An affidavit of a RAV (as part of the permit application); and4.6.3.1.6.3Appropriate fee’s for the permit application and Rural Area Variance, if not already paid Only those items stated in writing in the initial request will be granted in the RAV; and4.6.3.1.6.4The Department shall advertise the application for a Rural Area Variance in a local newspaper to include direct notification of adjacent property owners. The Department will not hold a public hearing unless a meritorious request is made to the Department. The RAV shall be in effect for a period of five (5) years from its approval date and must be permitted prior to the expiration date. After expiration, the RAV must be re-accomplished using the process outlined in section 4.6.3.1.54.6.3.1.7In the event that a RAV approval is not granted the applicant may refer to section 4.6.64.6.4Hardship4.6.4.1The Secretary may grant variances from any provision of these Regulations in cases of extreme and unusual hardship.4.6.4.2The Department may consider the following factors in reviewing an application for a variance based on hardship:4.6.4.2.1Advanced age or bad health of the applicant;4.6.4.2.2Need of applicant to care for aged, incapacitated, or disabled relatives;4.6.4.2.3Relative insignificance of the environmental impact of granting a variance4.6.4.3Hardship variances granted by the Secretary may contain conditions such as:4.6.4.3.1Permits for the life of the applicant;4.6.4.3.2Limiting the number of permanent residents using the system;4.6.4.3.3Use of conventional on-site wastewater treatment and disposal systems for specified periods of time;4.6.4.3.4Any other conditions which the Secretary finds in his/her sole discretion to be appropriate.4.6.4.4At the time of the application, the applicant must designate on the application that it is for a hardship variance. 4.6.4.5Documentation of hardship must be provided before the application is referred to the Department for action.4.6.4.6Department personnel shall strive to aid and accommodate the needs of applicants for variances due to hardship.4.6.5Variance Hearings4.6.5.1The hearing officer shall hold a public hearing in conformance with 7 Del. C., Chapter 60, Section 6006.4.6.5.2The hearing shall be held in the county where the property is located.4.6.5.3No variance may be granted unless the hearing officer finds, or in the case of an appeal to the Environmental Appeals Board, it is found that;4.6.5.3.1The requirements of 7 Del. C., Chapter 60, Section 6011 have been satisfied; and 4.6.5.3.2Strict compliance with the provision of these Regulations is inappropriate for cause; or4.6.5.3.3Special physical conditions render strict compliance unreasonable, burdensome, or impractical.4.6.6Variance Appeals4.6.6.1Decisions of the Secretary to grant or deny a variance may be appealed to the Environmental Appeals Board.5.0 LARGE SYSTEMS (≥ 2,500 GPD)5.1General Standards, Prohibitions and Provisions5.1.1Each and every owner of real property is jointly and severally responsible for:5.1.1.1Disposing of wastewater in conformance with all applicable Regulations; and5.1.2.1Connecting all plumbing fixtures on that property, from which wastewater is or may be discharged, to a central wastewater system or onsite wastewater treatment and disposal system approved by the Department; and5.1.3.1Maintaining, repairing, and/or replacing the system as necessary to assure proper operation of the system.5.1.2No person shall construct, install, modify, rehabilitate, or replace an onsite wastewater treatment and disposal system or construct or place any dwelling, building, mobile home, manufactured home or other structure capable of discharging wastewater onsite unless such person has a valid permit issued by the Department pursuant to these Regulations.5.1.3No permit may be issued by the Department under these Regulations unless the county or municipality having land use jurisdiction has first approved the activity through zoning procedures provided by law.5.1.4Any county governmental unit may assume responsibility and authority for administering its own regulatory program for onsite wastewater treatment and disposal systems pursuant to 7 Del. C., Chapter 60, Section 6003(d) if the delegated program establishes standards no less stringent than the standards established in these Regulations. 5.1.5Whenever the preparation of reports or other documents required by these regulations involves the practice of engineering, geology or other recognized profession under Delaware law, sufficient evidence of appropriate certification or registration in accordance with Title 24 of the Delaware Code must be submitted by the preparer.5.1.6At the sole discretion of the Department, if the proposed operation of a system may cause pollution of public waters or create a public health hazard, system installation or use shall not be authorized. In no case shall an OWTDS be placed or dispose of wastewater over top of another OWTDS.5.1.7All wastewater shall be treated and disposed of in a manner approved by the Department.5.1.8No person shall dispose of wastewater at any location not other than those authorized by the Department under applicable laws and regulations for such disposal.5.1.9Discharge of untreated or partially treated wastewater or septic tank effluent directly or indirectly onto the ground surface, into groundwater or into surface waters of the State, unless authorized by a permit issued by the Department, constitutes a public health hazard and is prohibited.5.1.10No cooling water, air conditioning water, groundwater, oil, water softener brine backwash or roof drainage shall be discharged into any system without specific authorization of the Department. Water softener brine shall be discharged into a manner that does not allow surface discharge (curtain drain).5.1.11Except where specifically allowed within these Regulations, no person shall connect a dwelling or commercial facility to a system if the total projected wastewater flow would be greater than that allowed under the original system construction permit.5.1.12Each system shall have adequate capacity to properly treat and dispose of the maximum projected daily wastewater flow. The projected quantity of wastewater shall must be determined from exhibit D. these Regulations or other information the Department determines to be valid that may show different flows Other projected wastewater quantities may be approved by the GWDS.5.1.13A permit to install a new system can be issued only If each a site has received an approved site evaluation and is free of encumbrances (e.g., easements, deed restrictions, etc.) which could prevent the installation or operation of the system from being in conformance with these Regulations then a permit may be issued.5.1.14A recorded utility easement is required whenever a system crosses a property line separating property under different ownership. The easement must accommodate that part of the system, including setbacks, which lies beyond the property line, and must allow entry to install, maintain and repair the system.5.1.15Whenever real property is recorded as two separate lots under common ownership and an onsite wastewater treatment and disposal system crosses the common boundary of the recorded lots, the owner shall execute and record, in the appropriate county office of Recorder of Deeds, an affidavit which notifies prospective purchasers of this fact on a form approved by the Department.5.1.16Except as provided in these Regulations, the spare area shall be kept vacant, free of vehicular traffic (to include any construction trafficking) and soil modifications.5.1.17All systems shall be operated and maintained so as not to create a public health hazard or cause water pollution.5.1.18No person shall transfer any portion of real property if the transfer would create a lot boundary which would cross an existing system or any part thereof including required setbacks and isolation distances unless, a utility easement is granted to the owner of the existing system and recorded in the appropriate county office of Recorder of Deeds.5.1.19The Department shall have the power to enter, at reasonable times, upon any private or public property for the purpose of inspecting and investigating conditions relative to the enforcement of these Regulations.5.1.20No person shall transfer any portion of real property after the issuance of a permit pursuant to these Regulations if the transfer would result in the use of the permitted onsite system on a lot which does not comply with these Regulations and the terms of the permit, including density, set back and isolation distance requirements.5.1.21No person shall cause or allow construction, alteration, or repair of a system, or any part thereof, without a permit issued by the GWDS. An exception may be allowed for certain emergency repairs as set forth in these Regulations.5.1.22For large systems which serve communities that experience a significant variation in flow on an annual basis, the Department may prescribe specific criteria in the permit for taking certain treatment units out of service during periods of low flow. The criteria will establish procedures for winterization, restart and the minimum levels of treatment which must be provided at all times. In no event shall it be less than the level of treatment provided by a conventional on-site wastewater treatment and disposal system.5.1.23The Department shall impose, in any permit, standards for evaluating treatment system performance and compliance with these Regulations. The standards may be in the form of limitations on flow and pollutant concentrations and/or mass loadings. The standards shall reflect the utilization of best management and operational practices.5.1.24Unless otherwise required by a permit the permittee must coordinate with the GWDS for all annual large system inspections and a fee is required.5.1.25A licensed electrician is required for all electrical connections unless otherwise specified in the permit.5.1.26The basic performance criteria for a large system are: (a) primary and secondary drinking water standards for ground water and surface waters are not exceeded, (b) the system does not present a public health problem, and (c) the soil is not degraded so as to prevent future use for agriculture, forestry or other planned development.5.1.27To protect groundwater quality, concentrations of wastewater constituents must not exceed allowable limits as stipulated in the National Interim Primary and Secondary Drinking Water Regulations.5.1.28In no cases will underdrains or artificial drainage be considered for any on-site wastewater treatment and disposal system.5.1.29In the event that these regulations are revised by the Department, permits may be reopened and modified accordingly after notice and opportunity for a public hearing.5.1.30The permittee shall at all times properly maintain and operate all structures, systems, and equipment for treatment, control and monitoring, which are installed or used by the permittee to achieve compliance with the permit and these regulations.5.1.31The permittee shall furnish to the Department within a reasonable time, any information including copies of records, which may be requested by the Department to determine whether cause exists for modifying, revoking, reissuing, or terminating the permit, or to determine compliance with the permit and these regulations.5.1.32The permittee shall allow the Department entry and access, consistent with 7 Del. C., Chapter 60, to:5.1.32.1Enter the permitted facility.5.1.32.2Inspect any records that must be kept under the conditions of the permit.5.1.32.3Inspect any facility, equipment, practice, or operation permitted or required by the permit.5.1.32.4Sample or monitor for the purpose of assuring permit compliance of any substance or any parameter at the facility.5.1.32.5The permittee shall report to the Department under the circumstances and in the manner specified in this section:5.1.32.5.1In writing thirty (30) days before any planned physical alteration or addition to the permitted facility or activity if that alteration or addition would result in any significant change in information that was submitted during the permit application process.5.1.32.5.2In writing thirty (30) days before any anticipated change which would result in noncompliance with any permit condition or these regulations.5.1.32.5.3Orally within twenty four (24) hours from the time the permittee became aware of any noncompliance which may endanger the public health or the environment at telephone numbers provided in the permit by the Department.5.1.32.5.4In writing as soon as possible but within five (5) days of the date the permittee knows or should know of any noncompliance unless extended by the Department. This report shall contain:5.1.32.5.4.1A description of the noncompliance and its cause;5.1.32.5.4.2The period of noncompliance including to the extent possible, times and dates and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and 5.1.32.5.4.3Steps taken or planned to reduce or eliminate reoccurrence of the noncompliance.5.1.32.5.5In writing as soon as possible after the permittee becomes aware of relevant facts not submitted or incorrect information submitted, in a permit application or any report to the Department. Those facts or the correct information shall be included as a part of this report.5.1.33The permittee shall take all necessary actions to eliminate and correct any adverse impact on public health or the environment resulting from permit noncompliance.5.1.34Exhibits A through NN are incorporated into these Regulations by reference.5.2Site CharacterizationIt is the policy of the Department to facilitate compliance with these Regulations through review of proposed development projects as early as possible in the process to avoid unnecessary conflicts and expense. Any project that proposes to use a large wastewater treatment and disposal system must submit a letter of intent prior to initiating any preliminary soil investigations.5.2.1Letter of Intent5.2.1.1The letter of intent must contain, at a minimum, the following details:5.2.1.1.1The name of the developer and landowner;5.2.1.1.2The size, tax map number, watershed, zoning certificate for and location of the parcel; 5.2.1.1.3Number of proposed lots or projected flow rates including scope of project;5.2.1.1.4Projected start date of site/soil investigative work; and5.2.1.1.5 Name of the Class D soil scientist, Professional Geologist and Class C designer5.2.1.2Prior to the SIR and/or HSR submittal but after a soils and hydrogeological reconnaissance have been completed, a preliminary meeting with the Class D soil scientist, Class C designer, Professional Geologist, DNREC personnel and any other interested parties be held to discuss the scope of work for both investigations.5.2.2Soil InvestigationsWork performed in connection with the SIR requires soil interpretation and as such, these investigations must be completed by, or under the supervision of, a licensed Class D soil scientist. Unless otherwise authorized by the Department, all soils and siting criteria for large systems shall comply with the following requirements:5.2.2.1A Soil Investigation Report (SIR) shall be filed with the Department’s Large Systems Branch Ground Water Discharges Section. setting forth the proposed manner of compliance with these Regulations The SIR shall contain, at a minimum, the following:5.2.2.1.1Site plan drawn to scale not to exceed one (1) inch equals two hundred (200) feet;5.2.2.1.2A topographic map with two (2) one (1) foot contour intervals unless the Department approves the use of an alternate scale;5.2.2.1.3Location of all wells, watercourses, roads, storm water management features and on-site wastewater treatment and disposal systems within one hundred fifty (150) feet of the perimeter of the property;5.2.2.1.4The proposed disposal area shall be mapped on a grid pattern of not more than seventy five (75) feet between observations and spray mapping will require one observation every four (4) acres using a combination of auger borings and test pits to a minimum depth of six (6) feet. Some of these observations shall be extended to the ambient water table, when possible or practical, to augment the data collected during the HSR;5.2.2.1.5A description of the hydrologic properties of the water table/surficial aquifer, including estimates of horizontal and vertical hydraulic conductivity, ground water flow direction, and water table elevations or depth to water table measurements. This information can be obtained from readily available published data.5.2.2.1.6A minimum of one (1) infiltration test per acre or four (4) total, whichever is larger for on-site and a representative number for spray (minimum single double-ring) shall be conducted within the proposed disposal area (PDA), based upon soil variability. These tests must be performed within the most hydraulically restrictive horizon in the upper six (6) feet per each interpretative mapping unit within the PDA;5.2.2.1.7Determination of an appropriate design percolation rate based upon infiltration tests, soil characteristics (textures, structure, etc.) and number of mapping units within the PDA. (Certain site specific conditions may not warrant the testing, contact the Department to discuss);5.2.2.1.8Depth of the limiting zone (either a hydraulically restrictive layer or seasonally saturated materials based on redoximorphic features and/or piezometric study. And the results of the site and soil analysis provided on the appropriate forms (i.e. Approval page);5.2.2.1.9Number of proposed lots, dwellings or expected gal/day flow, anticipated disposal method and loading rate5.2.2.1.10The preliminary plan shall include A general site location map to identify the area;5.2.2.1.11The location of any jurisdictional wetlands (State and/or Federal), if delineated;5.2.2.1.12Identification of any limitation that could affect system performance and design considerations for the anticipated method of disposal5.2.2.2After any and all concerns have been addressed the SIR may be approved.5.2.2.2The applicant shall provide a Preliminary Groundwater Impact Assessment (PGIA). The PGIA shall assess the potential impact of the large system upon waters of the State and upon public health. The PGIA shall comply with current guidelines established by the Department.5.2.2.3Performance of Wet season testing monitoring (December – May) to more accurately quantify the fluctuations of the water table may be is required. on a case by case basis as warranted by site conditions. (This is recommended during the planning and permitting stages of the project.) If rainfall is not normal (see definition in 4.2.3.1.8) a second season of monitoring may will be required. If timing does not allow for the second season testing prior to submittal, see tiered approach below.5.2.2.3.1The tiered approach must begin in Tier 1 and identify whether the wet-season precipitation for that year falls within the ranges provided. If the applicant determines the rainfall at their site does not meet the minimum rainfall requirements listed under Tier 1, but has identified a limiting zone (based on redoximorphic features) less than 60 inches from the ground surface, the applicant may proceed to Tier 2. If the requirements of Tier 1 and Tier 2 cannot be met, the applicant must proceed to Tier 3.5.2.2.3.2Tier 15.2.2.3.2.1Rainfall data obtained during the period from January 1st thru April 30th must meet the following criteria:5.2.2.3.2.1.1New Castle County > 9.5 inches5.2.2.3.2.1.2Kent County > 11.2 inches5.2.2.3.2.1.3Sussex County > 10.7 inchesThese data represent minus one standard deviation over the last 30 years (1975-2005) of monthly precipitation as posted by the Delaware Geological Survey (DGS) for the New Castle Airport, Dover, and Georgetown (University Farm).5.2.2.3.2.2Applicants should also compare the data to historical off-site water-level data and/or recent mapping of the water table under wet conditions performed by Andres and Martin (2005).5.2.2.3.3Tier 25.2.2.3.3.1The limiting zone identified by the soil scientist shall represent the SHWT elevation for the site.5.2.2.3.3.2Compare the water table defined by the limiting zone to historical off-site water-level data and/or recent mapping of the water table under wet conditions performed by Andres and Martin (2005).5.2.2.3.4Tier 35.2.2.3.4.1The thickness of the vadose zone corresponding to the highest water-table elevation observed during the wet-season monitoring period must be reduced by 25%. The resulting base of the vadose zone after reduction will define the SHWT for design purposes. This reduction was arrived at using the long-term unconfined monitoring well hydrograph data from wells Qe44-01 and Md22-01. It was determined that when the vadose zone corresponding to the lowest water-level on record was reduced by 25%, the resulting increase in the water table was very close to the long-term average. 5.2.2.3.4.2Compare the new water table to historical off-site water-level data and/or recent mapping of the water table under wet conditions performed by Andres and Martin (2005). If the DGS water table mapping results yield a higher water table elevation than reducing the vadose zone by 25%, the water table presented by the DGS must be used as the SHWT.5.2.2.3Ground-water mounding analysis may be required for proposed large on-site wastewater treatment and disposal system sites where a potential for significant water-table mounding is probable due to (1) low aquifer transmissivity (low hydraulic conductivity), (2) shallow depth to seasonal high water table, or (3) high wastewater loading rate. Slug test(s) may be necessary to obtain horizontal hydraulic conductivity values for the aquifer. A report documenting the ground-water model utilized to perform the analysis must be provided along with all aquifer parameters and design criteria needed to run the model. Only Certified Professional Geologists registered in the State of Delaware are qualified to perform the ground water mounding analysis.5.2.2.4Performance of soil chemical testing including pH, cation exchange capacity, phosphorus adsorption and percent base saturation of each mapping unit must be determined from samples taken from the A and B horizons. These chemical tests determine the retention capacity of wastewater constituents in the soil. A minimum of three (3) samples for each mapping unit must be taken and tested for soil nutrients (total nitrogen and total phosphorus) and metals.5.2.2.4.1Soil chemical testing must be in accordance with Methods of Soil Analysis published by the American Society of Agronomy, Madison, Wisconsin. Other methods, properly documented, may be accepted upon approval by the Department.5.2.2.5The approved soil investigation report shall be valid for five (5) years from the date of the Department’s approval. After the five (5) year period, a soil investigation report, as outlined in Section 5.2.2.1, shall be submitted to the Department for approval. This soil investigation report will be reviewed as outlined in Section 5.2.2.1.5.2.3Hydrogeologic Suitability ReportIn accordance with the General Standards, Prohibitions and Provisions of section 5.0 a Hydrogeologic Suitability Report (HSR) shall be prepared and submitted in support of permit applications for large on-site wastewater treatment and disposal systems (LOWTDS). 5.2.3.1General HSR requirementsWork performed in connection with the HSR shall be completed by, or under the supervision of, a Delaware-licensed professional geologist (PG). Reports and related documents shall bear the seal of the PG overseeing the project. 5.2.3.2Site specific HSR requirementsGeneral site and project details shall include, but not be limited to the following. 5.2.3.2.1 Proposed wastewater system details: 5.2.3.2.1.1System type5.2.3.2.1.2System dimensions5.2.3.2.1.3Design flow5.2.3.2.1.4Dosing schedule5.2.3.2.1.5Type of wastewater5.2.3.2.1.6Level and type of treatment 5.2.3.2.2Regional (1:24,000-scale) topographic map showing the project site location 5.2.3.2.3Detailed (1:2,400-scale or larger) map(s) showing: 5.2.3.2.3.1Property boundaries5.2.3.2.3.2Roadways and easements5.2.3.2.3.3Tax map parcel number(s)5.2.3.2.3.4Hypsography at two-foot contour intervals (must include existing and proposed elevations in proposed disposal area). 5.2.3.2.3.5Surface-water features5.2.3.2.3.6Current land use5.2.3.2.3.7Existing buildings5.2.3.2.3.8On-site wells, both existing and proposed (including monitor/observation wells)5.2.3.2.3.9Test boring locations5.2.3.2.3.10Area(s) evaluated for wastewater disposal5.2.3.2.3.11Proposed disposal area layout, including spare area5.2.3.2.3.12Scale and north arrow5.2.3.3On- and Off-Site Receptors5.2.3.3.1All wells and surface-water bodies located within a 1,000 foot radius of the proposed wastewater disposal area shall be determined and shown on an appropriately-scaled map. The following well data must be tabulated: permit number, coordinates (in Delaware State Plane, meters, North American Datum of 1983 (NAD83)), water use (e.g. domestic, public, irrigation), total depth, screened interval, diameter, owner’s name, owner’s address, tax map parcel number. Procedures used to obtain this information shall be documented. All well completion reports and formation logs must be included. 5.2.3.3.2The potential for impact to sensitive receptors shall be considered, and if necessary, proposed methods to minimize the potential for impact to a receptor must be stated. In some instances, modeling may be required to demonstrate that a receptor will not be adversely impacted by a proposed discharge.5.2.3.3.3 The well survey shall be valid for a two-year period beginning from the construction permit issuance by the department. After the two-year period expires, a new well survey shall be submitted.5.2.3.4Hydrogeologic Framework5.2.3.4.1Hydrostratigraphy5.2.3.4.1.1Geologic units containing the water-table aquifer and the first regional confining unit shall be identified and described in terms of formation name, lithology, approximate thickness, depositional environment, and stratigraphic relationships with other units. The saturated thickness of the water-table aquifer shall be approximated based on available information. In some instances, it may be necessary to document saturated thickness based on field data. 5.2.3.4.2Test Borings5.2.3.4.2.1Test borings shall be installed to characterize the near-surface geology in the immediate vicinity of the proposed wastewater disposal area. Test-boring requirements vary based on system type and capacity as follow:5.2.3.4.2.1.1 All systems (excluding rapid infiltration basins (RIBs) and spray irrigation systems) with proposed discharges > 2,500 gpd and ≤ 20,000 gpd, and drip irrigation systems: a minimum of three (3) 20-foot deep continuously-sampled test borings.5.2.3.4.2.1.2All systems (excluding RIBs and spray irrigation systems) with proposed discharges > 20,000 gpd: a minimum of three (3) 40-foot deep continuously-sampled test borings.5.2.3.4.2.1.3All RIB systems with proposed discharges > 2,500 gpd: a minimum of three (3) 40-foot deep continuously-sampled test borings per proposed acre of disposal area. In addition, all RIB systems with proposed discharges > 100,000 gpd: at least one (1) 100-foot deep boring continuously-sampled to 40 feet below land surface then every 5 feet thereafter. Boring may be terminated at a shallower depth if a confining bed is encountered < 100 feet below land surface.5.2.3.4.2.1.4All spray irrigation systems: at least three (3) 20-foot deep continuously-sampled test borings with an additional one (1) 20-foot boring per 10-acres of proposed disposal area.5.2.3.4.2.2Depending on site or project characteristics, greater test-boring depth or additional test borings may be required. If a restrictive lithology is identified it is assumed continuous unless demonstrated otherwise. 5.2.3.4.2.3Subsurface data obtained from borings shall be collected using drilling techniques that preserve sample integrity (e.g. hollow-stem auger with split-spoon, direct-push, coring devices). Samples shall be described using a generally accepted classification system (e.g. Unified Soil Classification System, USDA soil classification system). Test boring coordinates shall be determined using a global positioning system (GPS) or standard survey methods and shall be reported in Delaware State Plane, meters, North American Datum of 1983 (NAD83). Test-boring logs shall be included. In addition to sample descriptions, logs shall include: project name, test-boring identification, coordinates of test boring, general weather conditions, drilling method, name of drilling contractor, name of licensed driller in charge, and name of person logging samples and their association. If a well is completed in the borehole, as-built construction, borehole dimensions, well development methodology, and water levels (after completion and static) shall be presented in the form of a well completion report.5.2.3.4.3Groundwater Flow5.2.3.4.3.1At a minimum, three (3) observation wells (OWs) shall be constructed to document flow direction and hydraulic gradient across the proposed disposal area. Additional wells may be required depending on site or project characteristics. Wells may be completed during the test-boring investigation (see Section 5.2.3.4.2). The wells may also be used as groundwater monitoring wells provided they are constructed and classified according to Delaware Regulations Governing the Construction and Use of Wells and are located in positions suitable to provide representative samples. Well coordinates shall be determined using a GPS or standard survey methods and shall be reported in Delaware State Plane, meters, North American Datum of 1983 (NAD83). 5.2.3.4.3.2A top-of-casing (TOC) reference mark shall be established for each well and surveyed into the North American Vertical Datum of 1988 (NAVD 88). The land surface elevation adjacent to each well shall also be surveyed. All water-level measurements shall be taken to the nearest 0.01 foot from the surveyed reference mark on the well’s TOC and reported in (i) feet below TOC, (ii) feet below ground surface, and (iii) feet above mean sea level (msl). Water-table contour maps shall be submitted based on water-level measurements representative of high, low, and average water-table conditions. 5.2.3.4.4Wet-Season Water-Level Monitoring5.2.3.4.4.1Wet-season water-level monitoring shall be conducted at least weekly from January 1st through April 30th (see Section 5.2.3.4.3.2 for the collection and reporting of water level data). Wells installed for the purpose of establishing groundwater-flow direction may be used for wet season monitoring. Pressure transducers may be deployed to collect continuous water-level data.5.2.3.4.5Aquifer Properties5.2.3.4.5.1Aquifer properties (e.g. saturated hydraulic conductivity, transmissivity) shall be derived from on-site in-situ testing (e.g. slug test, pumping test). Wells installed to establish ground-water-flow direction may be used for aquifer testing, provided they are suitably constructed and necessary documentation is available. Standard methods shall be used to implement the testing and analyze the data. Testing methods shall be clearly documented, and all data shall be submitted digitally to the department. 5.2.3.5Ambient Groundwater Quality5.2.3.5.1Ambient groundwater quality shall be established over a period of at least three (3) months. During this period a minimum of three (3) independent sampling events, at least two (2) weeks apart, shall be performed. Wells installed during the HSR may be used for monitoring. 5.2.3.5.2Specific conductance, pH, temperature, dissolved oxygen, and oxidation reduction potential shall be measured using a calibrated field meter during well purging, which should be performed using either a submersible or peristaltic pump. Once the field parameters have stabilized, a groundwater sample shall be obtained and analyzed by a certified laboratory. Sampling requirements vary by wastewater type as follow:Domestic wastewater systems:ParameterUnit MeasurementSample TypepHS.U.Field TestTemperature°FField TestSpecific Conductance?S/cmField TestDissolved OxygenOrOxidation Reduction Potentialmg/LOr mvField TestDepth to Water TableHundredth of a footField TestAmmonia Nitrogenmg/LGrabNitrate Nitrogenmg/LGrabTotal Nitrogenmg/LGrabTotal ColiformsCol/100 mlGrabFecal ColiformCol/100 mlGrabTotal Phosphorusmg/LGrabSodiummg/LGrabChloridemg/LGrabMunicipal wastewater systems:ParameterUnit MeasurementSample TypepHS.U.Field TestTemperature°FField TestSpecific Conductance?S/cmField TestDissolved Oxygen OrOxidation Reduction Potentialmg/LOr mvField TestDepth to Water TableHundredth of a footField TestAmmonia Nitrogenmg/LGrabArsenicmg/LGrabCadmiummg/LGrabChloridemg/LGrabChromiummg/LGrabCoppermg/LGrabFecal ColiformCol/100 mlGrabHardnessmg/LGrabIronmg/LGrabLeadmg/LGrabManganesemg/LGrabMercurymg/LGrabNickelmg/LGrabNitrate as Nitrogenmg/LGrabNitrite as Nitrogenmg/LGrabOrganic Nitrogenmg/LGrabSeleniummg/LGrabSodiummg/LGrabSulfatemg/LGrabTotal Dissolved Solidsmg/LGrabTotal Kjeldahl Nitrogenmg/LGrabTotal ColiformsCol/100 mlGrabTotal Phosphorusmg/LGrabTotal Suspended Solidsmg/LGrabZincmg/LGrab5.2.3.5.4Exceptions to these requirements may be considered by the department on a case-by-case basis. All data, including sampling logs, shall also be submitted in the SWAR (see section 5.2.4).5.2.3.6Groundwater Mounding Analysis5.2.3.6.1A groundwater mounding analysis shall be performed to demonstrate that the required vertical isolation distance between the mounded water table and the disposal surface can be maintained (see exhibit W). 5.2.3.6.2The groundwater modeling requirements vary based on system type and capacity as follow:5.2.3.6.2.1 All systems (excluding rapid infiltration basins (RIBs) and spray irrigation systems) with proposed discharges > 2,500 gpd and ≤ 100,000 gpd must, at a minimum, use an analytical model.5.2.3.6.2.2All systems with proposed discharges > 100,000 gpd must use a numerical model. 5.2.3.6.2.3All RIB systems must use a numerical model.5.2.3.6.3Selection of an analytical (e.g. Hantush equation) or numerical model (e.g. ModFlow) shall be determined by the PG. Modeling protocol for the simulation of groundwater mounding must, at a minimum, include the following components (after Anderson and Woessner, 1992): 5.2.3.6.3.1Conceptual Model: A conceptual model must be developed based on the hydrogeologic framework and a preliminary design of the disposal system. Hydrologic boundaries of the ground-water-flow system must be defined in the conceptual model. 5.2.3.6.3.2Model Documentation: The model selected for groundwater mounding analyses must be clearly referenced. Assumptions inherent in the selected model must be stated. 5.2.3.6.3.3Model Design: Implementation of hydrologic properties and boundaries in the mathematical model must be documented to a degree that permits duplication of the modeling effort. 5.2.3.6.3.4Calibration: Where applicable, methods used to calibrate the model must be stated, and calibration statistics must be furnished to the Department. Specifically, the root-mean-squared error (RMSE) and the normalized RMSE between modeled and observed hydraulic head must be presented.5.2.3.6.3.5Prediction: The model predicted groundwater mound(s) must be presented. Figures and (or) tabulated data should be used in conjunction with written text to summarize the results. 5.2.3.6.4All RIB systems > 100,000 gpd shall require a large-scale on-site loading test to confirm the groundwater model results.5.2.3.7Supplemental HSR Considerations5.2.3.7.1Due to unforeseen site complexity, sensitive receptors (e.g., potable water-supply wells, surface-water bodies) or system design the department may require work beyond the HSR requirements previously outlined. 5.2.4Surface Water Assessment Report (SWAR)5.2.4.1SWAR requirementsA SWAR must be developed to determine that nutrient performance standards for wastewater are being met at the post treatment location of a large on-site system or through natural attenuation processes prior to discharging to the closest receiving surface water body. Work performed in connection with the SWAR requires geologic interpretation and as such, these assessments must be completed by, or under the supervision of, a Delaware-licensed professional geologist (PG). The SWAR and related documents shall bear the seal of the PG overseeing the project.5.2.4.1Determine watershed where system is to be located.5.2.4.2Determine Total Maximum Daily Load (TMDL) reductions for total nitrogen and total phosphorus for this watershed.5.2.4.3Ambient groundwater quality determination to include:5.2.4.3.1Total phosphorus concentrations5.2.4.3.2Oxidation-reduction potential or dissolved oxygen measurement5.2.4.4Background soil testing for total phosphorus to include either:5.2.4.4.1Fertility Index Value (FIV); or5.2.4.4.2Mehlich 3 value5.2.4.5Surface water assessment must include phosphorus when both conditions below are met:5.2.4.5.1A FIV > 100 or soil test value > 100 ppm by Mehlich 3 test; and5.2.4.5.2Groundwater total phosphorus concentration > 0.034 mg/l and indication of reducing conditions due to low dissolved oxygen, < 1 mg/L, or an oxidation-reduction potential < 200 mV5.2.4.6The final surface water assessment shall be completed using one (1) of the following approaches:5.2.4.6.1Achieve performance standards (as defined in the definitions and identified in Exhibit NN) at the post treatment location for nitrogen and, if required, phosphorus as determined in 5.2.4.5; or5.2.4.6.2Determine the flow and transport of nitrogen and, if required, phosphorus as determined in 5.2.4.5 at design and peak flows by means of a groundwater contaminant flow and transport model. Calculate the groundwater nutrient loading to the nearest surface water body and submit resulting modeled groundwater and stream nutrient concentrations.5.2.4.7Submit the SWAR to the GWDS.5.3General Design Parameters5.3.1Standard requirements5.3.1.1All permit application(s) for a large system (> 2,500 GPD) shall be submitted to the Ground Water Discharges Section for review and approval.5.3.1.2A large on-site wastewater treatment and disposal system shall be required when any of the following conditions exist:5.3.1.2.1Proposed number of lots is ≥ one hundred (100); or5.3.1.2.2Where overall density of the subdivision or planned unit development is more than one dwelling unit per ? acre. 5.3.1.3Prior to permit application submission, the SIR, HSR and SWAR must both be approved. A meeting with the Class D soil scientist, Professional Geologist, Class C designer, DNREC personnel and any other interested parties must be held to discuss the project.5.3.1.4Permit applications must be demonstrate the system is designed in accordance with the prescribed system type and design considerations as specified in the SIR, HSR and SWAR for that parcel.5.3.1.5The design daily flow rate for subdivisions of three (3) and four (4) bedroom dwellings is 300 gallons per day (gpd) for each equivalent dwelling unit (EDU). The design daily flow rate for sizing of the wastewater treatment plant is 220 gpd/EDU.5.3.1.6Large systems shall be designed with a means to measure influent and effluent wastewater flow to evaluate treatment facility performance. Flow data will be recorded and reported to the Department by the licensed operator in accordance with the permit requirements.5.3.1.7All large wastewater treatment facilities with a design flow > 20,000 gpd must treat to secondary standards, at a minimum. For all systems other than spray irrigation, the Total Nitrogen in the treated effluent should not exceed 10 mg/L on an average annual basis. Spray irrigation systems must be designed to ensure the nitrogen as nitrate in the percolate does not exceed the state drinking water quality standard of 10 mg/L on an average annual basis.5.3.1.8All large systems require a licensed wastewater operator. The class of operator will be determined based on the Board of Certification for Licensed Wastewater Operators (refer to the Regulations for Licensing Operators of Wastewater Facilities and the Surface Water Discharges Section of the Department).5.3.1.9Large system absorption facilities shall be designed with pressure distribution.5.3.1.10The disposal system shall be divided into relatively equal areas. For effluent distribution each area is comprised of units as follows. The length to width ratio for seepage beds and elevated sand mounds shall be 4:1 or greater. Each unit shall receive no more than one thousand three hundred (1,300) gallons per day if seepage beds are utilized and no more than two thousand six hundred (2,600) gallons per day if seepage trenches are utilized. The Department has sole discretion to deviate from this requirement if site constraints warrant such deviation.5.3.1.11The replacement (spare) disposal area shall be divided into relatively equal units and sufficient replacement area must exist. Upgrading the initial system(s) will not suffice as replacement area. 5.3.1.12Effluent distribution shall alternate between the disposal area units. The absorption facilities shall be at least 10 feet apart.5.3.1.13Large systems treating domestic wastes which utilize conventional septic tank treatment shall be required to install an effluent filter following the primary treatment.5.3.1.11The applicant shall provide a Soil Investigation Report (SIR). The SIR shall assess the sites suitable for wastewater treatment and disposal as well potential impact of the large system upon the waters of the State and public health. Requirements for SIRs are outlined in the Section 5.2.2. 5.3.1.12The applicant shall provide a Hydrogeologic Suitability Report (HSR). The HSR shall assess the potential impact of the large system upon waters of the State and upon public health. Requirements for HSRs are outlined in the Section 5.2.3.5.3.1.13Department approval of the HSR, SWAR and SIR must be obtained prior to the submittal of a permit application for system construction.5.3.1.14If the permittee intends to continue operation of the permitted facility after the expiration of an existing permit, the permittee shall apply for a new permit in accordance with these regulations no later than 180 days prior to expiration.5.3.1.15All Memorandums of Understanding (MOU) will be taken into consideration during the regulatory permitting process.5.3.1.16The Department may require additional information beyond the scope presented here on a case by case basis.5.3.2System specific5.3.2.1Subsurface disposal5.3.2.1.1Refer to small system sections regarding additional design considerations and construction requirements.5.3.2.2Rapid infiltration basins (RIB)5.3.2.2.1Design Considerations5.3.2.2.1.1If vegetation is present, it must be limited to perennial grasses or as approved by the GWDS. Plants which develop woody root systems are prohibited. A maintenance schedule for the removal of cuttings from the basin must be prepared and approved by the GWDS. The berms must be seeded with perennial grasses to stabilize slopes and prevent erosion. In addition, the berms must be maintained to prevent the establishment of plants with woody root systems. 5.3.2.2.1.2There must be a minimum of four (4) basins constructed with only one (1) receiving the total flow each day. Therefore, allowing the basin a 72-hour resting period prior to the next dosing. 5.3.2.2.1.3The RIBs must be enclosed by fencing with a minimum height of 42-inches tall. Consult the GWDS for fencing options. The entrance to the RIBs must be locked and signs must be posted every 200 feet warning the public that the enclosed area is utilized for the disposal of treated wastewater.5.3.2.2.2Construction5.3.2.2.2.1A silt fence must be installed around the perimeter of the basin between the berm and the basin bottom to prevent eroded sediments from moving into the basin during construction. This must be shown in the construction permit application.5.3.2.2.2.2All berms must be at least 2-feet tall, 8-feet wide, and have a 3:1 slope ratio enabling light vehicular traffic for maintenance (e.g., mowing). No filling or adding to original grade is allowed; therefore, the basin bottom must be leveled to the lowest elevation identified in the basin. Leveling of the basin bottom may need to be performed but not to exceed six inches of additional engineered sandy fill.5.3.2.2.3Operation and Maintenance5.3.2.2.3.1All wastewater must undergo disinfection, preferably ultraviolet radiation, prior to being discharged to a disposal basin. All disinfection must reach fecal coliform limits of ≤ 200 col/100 ml (see Exhibit MM).5.3.2.2.3.2The basin surface must be maintained as necessary to remove any impedance to infiltration. Any maintenance activity, scheduled or emergency must be performed when the basin is dry. All basin maintenance activities should be included in the log book and available upon request for review. Periodic infiltration testing may be required.5.3.2.3Spray irrigationWastewater irrigation systems may be utilized on agricultural land, forests and other areas on a case by case basis.5.3.2.3.1Pre-application treatment standards5.3.2.3.1.1The Department requires that all wastewaters containing domestic wastes receive biological treatment prior to irrigation. This is necessary to protect the health of persons contacting the irrigated wastewater and reduce the potential for odors in storage and irrigation.5.3.2.3.1.2Most industrial wastes will require some measure of pretreatment but the Department will evaluate all wastes on a case-by-case basis. All industrial system permit applications must contain copies of work place chemical lists. The principal criteria to require pretreatment include odors, nuisance conditions and adverse impacts to groundwater or soil, such as clogging and runoff.5.3.2.3.2Wastewater reclamation standards for domestic and municipal wastewater for BOD, TSS, and disinfection are based on site access control. In cases where public access cannot be restricted, such as landscaped areas, golf courses, parks, and roadway medians, levels of wastewater pretreatment need to be increased in order to assure comparable public health safeguards exist (see Exhibit MM). 5.3.2.3.3Public Access 5.3.2.3.3.1Restricted public access sites are sites where access to the site by the public is controlled and only accessible to authorized operators and farm personnel. All wastewater must be treated to a 5-day biochemical oxygen demand of 50 mg/L at average design flow and 75 mg/L under peak loads. Total suspended solids are limited to 50 mg/L for mechanical systems and 90 mg/L for ponds. Disinfection is required to yield a discharge not to exceed 200 col/100 mL fecal coliform at all times. Disinfection requirements may be waived when wastewater is irrigated in remote or restricted use sites such as forests.BOD 50 mg/L avg75 mg/L peakTSS50 mg/L mech90 mg/L pondsFecal Col200 col/100mL b. Limited Public Access Sites Limited public access sites are landscaped areas where public access is limited to specific periods of time and buffer zones can be maintained to property boundaries and surface waters. Spray irrigation activities shall be limited to those periods of time when the public is effectively excluded from accessing the site. All wastewater irrigated on limited access sites must not exceed a 5-day biochemical oxygen demand of 30 mg/L. Total suspended solids are limited to 30 mg/L. Disinfection to reduce fecal coliform bacteria to 200 colonies/100 mL is required.BOD 30 mg/L TSS30 mg/L Fecal Col200 col/100mL5.3.2.3.3.2Unlimited public access sites are those landscaped areas such as golf courses, residential lawns, cemeteries, parks, and highway medians which may not have adequate buffer zones and are accessible to the public at all times. An example is the typical residential golf course community where private homes are adjacent fairways and greens, and the public cannot effectively be excluded from accessing the site during spray irrigation. All wastewaters used for irrigation of unlimited access sites must be pretreated to advanced limits with high- level disinfection. The advanced treatment system shall include the following processes: oxidation, clarification, coagulation, flocculation, filtration, and disinfection. The wastewater shall not contain more than ten (10) mg/L total suspended solids, and turbidity shall not exceed five (5) TU. 5-day biochemical oxygen demand shall not exceed ten (10) mg/L, and the wastewater must be disinfected to reduce fecal coliforms to a level below 20 col/100 mL.BOD 10 mg/LTSS10 mg/LFecal Col20 col/100mLTurbidity 5 TU5.3.2.3.3.2.1Treatment facilities for wastewater to be used on unlimited access sites shall include continuous on-line monitoring for turbidity before application of the disinfectant. 5.3.2.3.3.2.2Continuous on-line monitoring of residual disinfection concentrations shall be provided at the compliance monitoring point for limited and unlimited access sites.5.3.2.3.3.2.3The permittee shall develop and submit for the Department's review and approval, an operating protocol designed to insure the high-level disinfection criteria is met before the wastewater is released to the storage impoundment system or to the wastewater reuse system.5.3.2.3.3.2.4Automatic diversion of wastewater that fails to meet the operating criteria shall be established in the operating protocol.5.3.2.3.4Nitrogen5.3.2.3.4.1Maximum nitrogen removal occurs when nitrogen is land applied in the ammonia or organic form5.3.2.3.4.2When mechanical plants are employed for pre-application treatment, they should be designed and operated to limit nitrification.5.3.2.3.4.3The permit application shall indicate the expected range of nitrogen removal and application in the pre-application treatment system.5.3.2.3.4.4Nitrate concentration in percolate from wastewater irrigation systems must not exceed the state drinking water standard of 10 mg/L.5.3.2.3.4.5Nitrogen Balance5.3.2.3.4.5.1Percolate nitrate concentrations are estimated from a monthly nitrogen balance based on the average design wastewater loading, nitrogen concentration in effluent proposed cover crop and cover crop management scheme (see Exhibit HH).5.3.2.3.4.5.2In nitrogen balance calculations, all nitrogen not lost to denitrification, ammonia volatilization or plant uptake is assumed to leach into the groundwater as nitrate. For row and forage crop systems, assumed losses to denitrification should not exceed 15 percent of the total nitrogen applied. In forest systems, assumed denitrification losses should not exceed 25 percent. Assumed losses to ammonia volatization should not exceed 5 percent of the total ammonia applied. Soil storage of nitrogen should be assumed to be zero. In all cases, the source of the plant nitrogen uptake rate used for design must be referenced in the permit application.5.3.2.3.5Pretreatment Systems and Storage Ponds5.3.2.3.5.1Pretreatment may consist of mechanical or pond systems. All systems must have provisions for storage either as a separate facility or incorporated into the pretreatment system if the efficiency of treatment is not compromised. Pretreatment ponds may be aerated, facultative or a combined aerated- facultative system. 5.3.2.3.5.2Ponds used for pre-application treatment and storage must have impermeable liners. Facultative pond cells shall have an appropriate length to width ratio consistent with current practice to minimize short circuiting with a depth between 3 and 5 feet. Sizing of completely and partially mixed aerated ponds shall be based on first-order removal rate kinetic equations and the expected annual temperature variation.5.3.2.3.5.3At least three (3) feet of Adequate freeboard is required for all ponds to contain excess rainfall and wastewater flows.5.3.2.3.6Cover Crop Selection and Management5.3.2.3.6.1Row crops may be irrigated with wastewater containing domestic waste only when not intended for direct human consumption.5.3.2.3.6.2Forage crops irrigated with domestic wastewater must be harvested before feeding to livestock (see Section 5.3.2.3.6.12). 5.3.2.3.6.3Unmanaged, volunteer vegetation is not an acceptable spray field cover. 5.3.2.3.6.4Disturbed areas in forest systems must be initially replanted or covered with thick mulch for succession to forest vegetation.5.3.2.3.6.5Spray field cover crops require management and periodic harvesting to maintain optimum growth conditions assumed in design. 5.3.2.3.6.6Forage crops must be harvested and removed at least several times annually.5.3.2.3.6.7Pine forest systems should be harvested at 20 to 25 year intervals.5.3.2.3.6.8Hardwood forest systems should be harvested at 40 to 60 years. 5.3.2.3.6.9However, due to soil exposure and compaction as a result of the harvesting activities, wastewater loadings must be reduced until the hydraulic capacity of the site is restored.5.3.2.3.6.10Sufficient spray field area to allow for harvesting and the regeneration cycle must be provided in the design.5.3.2.3.6.11Many wastewaters are deficient in some of the essential fertilizer elements needed for vigorous agronomic cover crop growth. High growth rate forage crops may require supplemental fertilizer addition to maintain nutrient uptake rates assumed in design.5.3.2.3.6.12Growing vegetables or grazing animals on an actively irrigated land treatment site is prohibited because of the transfer of pathogens and intestinal worm eggs. Other considerations that prohibit grazing are soil compaction by animals and little net removal of nutrients. If wastewater applications are terminated, adhere to the following precautions:5.3.2.3.6.12.1Grazing by animals (other than lactating dairy cows) whose products are consumed by humans shall be prohibited for one month.5.3.2.3.6.12.2Grazing by lactating dairy cows shall be prohibited for one year.5.3.2.3.6.12.3Growing vegetables and root crops, which are eaten raw, shall be prohibited for 18 months. 5.3.2.3.6.13Additional pathogen considerations; hay shall not be cut for four days after application of disinfected secondary effluent. If the wastewater contains synthetic organic compounds or cadmium (or other potentially harmful trace elements), then the forage should be monitored for potential toxicity problems to animals or possible food-chain effects, especially in the case of feeding hay to lactating dairy cows.5.3.2.3.7Soil and Cover Crop Compatibility5.3.2.3.7.1Inorganic constituents of effluent from pre-application treatment must be compared with Exhibit HH to ensure compatibility with land treatment site soils and cover crops.5.3.2.3.7.2The applicant shall utilize Exhibit II to calculate the site lives for the constituent metals.5.3.2.3.7.3In general, soils with a USDA Natural Resources Conservation Service permeability classification of moderately slow (.02 to 0.6 inches/hour) or more with a 24 inch limiting zone are suitable for wastewater irrigation. However, groundwater conditions must also be suitable.5.3.2.3.7.4Equipment limitations and erosion potential dictate maximum slopes for wastewater spray fields to be limited to 7 percent for row crops, 15 percent for forage crops and 30 percent for forests. Depressions must be carefully evaluated.5.3.2.3.8Land limiting constituents5.3.2.3.8.1Annual loading rates and site life limitations must be determined for phosphorus, nitrogen and metals present in the wastewater (see Exhibit II). 5.3.2.3.8.2Phosphorus may become the land limiting constituent (LLC) over time. Conditions which indicate that phosphorus has become the LLC include:5.3.2.3.8.2.1A rise in phosphorus concentrations as indicated by groundwater monitoring well test results over three consecutive sampling periods; or5.3.2.3.8.2.2Phosphorus adsorption test results indicate that the phosphorus adsorption capacity of the site has decreased to a level at which the adsorption capacity of the site is no longer sufficient to assimilate excess phosphorus not taken up by the vegetation. Once phosphorus has become the LLC the phosphorus application rate must be reduced to crop uptake levels. Under such conditions, high phosphorus utilization vegetation may be grown to increase the phosphorus assimilative capacity.5.3.2.3.8.2.3The site assimilative capacity for heavy metals must be determined on a constituent by constituent basis to determine the site life for a facility and in no case shall the cumulative metal loadings exceed the levels set forth in Exhibit II. Spray irrigation activities shall be terminated when any one of the cumulative metal limits is reached.5.3.2.3.9Buffer requirementsBuffer zones are required to control aerosol sprays. These zones should be maintained in forest, shrubs or other screening vegetation. Right-of-ways can be used as part of the buffer area. However, these right-of-ways must be exclusive with no possibility of development. And for highways, they must be measured from the outer edge of the shoulder or edge of the highway, if no shoulder.5.3.2.3.9.1The following minimum buffer zones around the irrigation site must be provided for restricted public access sites: 5.3.2.3.9.1.1A 150-foot buffer must be maintained between the edge of the wetted field area and all property boundaries and/or the shoulder of internal and external public roads.5.3.2.3.9.1.2Internal roads that are closed to public use do not require buffer zones. However, wastewater irrigation on these roads is prohibited. Trails for access to irrigation equipment may be irrigated if runoff turnouts are provided to prevent runoff from the site.5.3.2.3.9.1.3A 100-foot buffer is required between the wetted edge of spray fields and the edge of any perennial lake or stream.5.3.2.3.9.1.4A 50-foot buffer is required between spray fields and the edge of any channelized, intermittent watercourse.5.3.2.3.9.1.5If an intermittent watercourse were to become perennial, the 100-foot buffer requirement will apply.5.3.2.3.9.1.6Wetlands buffers will be determined on a case-by-case basis.5.3.2.3.9.2Lesser distances may be allowed if the designer can demonstrate that aerosols will be contained within the site and/or no threat to public health or the environment exists. The buffer zone requirements may be increased when deemed necessary by the Department. 5.3.2.3.9.3Buffer zones for sites open to public access will be determined on a case-by-case basis, depending upon treatment levels and proposed use.5.3.2.3.9.4Buffer zones around pretreatment facilities shall be designed for aerosol containment, noise abatement and nuisance control. These factors must be addressed in the permit application.5.3.2.3.9.5Public access to the spray fields at restricted access sites shall be discouraged by posting signs and maintaining well vegetated buffer zones. Fencing of spray fields is not required.5.3.2.3.9.6Suitable barriers and access road gates shall be provided along property lines adjacent to residential and other developed areas.5.3.2.3.9.7Fencing is required at pre-application treatment facilities, pump stations and holding ponds.5.3.2.3.9.8All domestic wells must be identified within 1000 linear feet and all irrigation, commercial, industrial, and public wells within 2500 linear feet.5.3.2.3.9.9Shallow and poorly constructed wells within the land treatment system will require proper abandonment.5.3.2.3.10System Considerations5.3.2.3.10.1The Department requires the design percolation rate, with seasonal high groundwater at depths greater than 5 feet and after consideration of mounding, to be no more than 10 percent of the mean saturated hydraulic conductivity of the most limiting layer within the upper five feet.5.3.2.3.10.2Sites with seasonal high groundwater less than 5 feet deep shall not be used for slow rate land treatment.5.3.2.3.10.3The Department limits design wastewater loadings to a maximum of 2.5 inches/week and instantaneous wastewater application rates to 0.25 inches/hour. Requests for higher loadings will be evaluated on a case- by-case basis. The design wastewater loading shall be fixed at a constant rate or vary monthly but must account for site specific wastewater flow, climatic and vegetation management limitations.5.3.2.3.10.4Average monthly potential evapotranspiration generated from vegetative, soil and climatological data are to be used in water balance calculations. A list of evapotranspiration references is presented in (see Exhibits JJ & KK). 5.3.2.3.10.5The Department requires the use of five-year return monthly precipitation values in water balance calculations. Five-year return values are defined as the 80th percentile value in a 30-year ranked listing of historical monthly precipitation data (see Exhibit LL). 5.3.2.3.10.6The source of precipitation data used for design must be referenced in the permit application. 5.3.2.3.10.7Municipal systems require a minimum of 45 days storage. Other facilities must demonstrate through calculation that adequate storage is provided for design flows.5.3.2.3.10.8A separate off-line system for storage of reject wastewater shall be provided at all limited and unlimited access sites, unless another permitted reuse system or effluent disposal system is capable of receiving the reject wastewater. At a minimum, this capacity shall be the volume equal to two (2) days flow at the average daily design flow rate of the pretreatment facility. Provisions for re-circulating the reject wastewater back to the pretreatment facility for further treatment must be incorporated into the design of the facility.5.3.2.3.10.9The Department requires stored wastewater be irrigated within 90 days.5.3.2.3.10.10The wet weather and emergency storage volume must be demonstrated that it can be eliminated within 90 days.5.3.2.3.10.11Drainage of storm runoff shall be addressed in the design via calculation.5.3.2.3.10.12Spray fields must be protected against flooding, ponding and erosion.5.3.2.3.10.13Storm runoff shall be channelized through or around the wastewater irrigation site.5.3.2.3.10.14The collection and channelization of irrigated wastewater must be avoided.5.3.2.3.10.15Direct application of wastewater to drainage ditches and all water bodies is prohibited.5.3.2.3.10.16Irrigation on frozen soils must not be practiced.5.3.2.3.10.17Sites that experience direct runoff as a result of wastewater irrigation will be required to reduce hydraulic loading rates.5.3.2.3.10.18Tail water return systems may be required as a remedial action.5.3.2.3.10.19Monitoring of surface water bodies affected by such indirect runoff shall be addressed in the Plan for Operations and Management.5.3.2.3.10.20Spray nozzle pressure variation due to friction loss and static head for solid set, uniformly spaced systems should not exceed plus or minus 10 percent of the design spray nozzle pressure. If this criterion cannot be met, sprinkler head spacing and spray nozzle diameters must be adjusted or flow control valves be used to insure a uniform application. The use of pressure reducing or throttling valves to balance the distribution system shall not be utilized.5.3.2.3.10.21The use of secondary mist nozzles on impact sprinklers is not allowed as these nozzles tend to freeze-up in the winter. 5.3.2.3.10.22The layout of spray fields and spray field roads shall provide easy access for inspection and maintenance of the distribution system. Spray field access roads must be designed for all-weather use. Steep grades must be avoided.5.3.2.3.10.23A recording device is required on the discharge of each irrigation pump station to measure the total volume of wastewater applied to the spray fields. If an automated system is chosen, it must monitor system operation.5.3.2.3.10.24A low pressure detection system to automatically shut down irrigation pumps in the event of force main, sub-main or lateral blowout is required.5.3.2.3.10.25A high pressure shut-off at the irrigation pump station must be provided. 5.3.2.3.10.26The Department requires above ground piping systems drain when depressurized. Pipe drains shall discharge either to the spray fields or to the storage pond(s) and must not produce a runoff.5.4Legal Documentation5.4.1Binding Agreement for Large Systems5.4.1.1Applications for permits to construct large on-site wastewater treatment and disposal systems shall provide documentation which addresses ownership, transfer of ownership, maintenance, repairs, operation, performance and funding of the on-site wastewater treatment and disposal system through the design life of the system. This documentation shall be in the form of a Binding Agreement between the applicant for the construction permit, the "permittee", and an operator, or owner/operator or utility. The class of operator will be determined based on the Board of Certification for Licensed Wastewater Operators (refer to the Regulations for Licensing Operators of Wastewater Facilities and the Surface Water Discharges Section). Those systems subject to the Delaware Public Service Commission jurisdiction must follow Del. C., Title 26, Section 6001, Regulations Concerning the Jurisdiction of the Public Service Commission to Grant and Revoke Certificates of Public Convenience and Necessity (CPCN) to Provide Wastewater Service and Section 6002 Regulations Governing the Minimum Standards for Service Provided by Public Wastewater Utilities Subject to the Jurisdiction of the Delaware Public Service Commission. Systems subject to the Public Service Commission (PSC) regulations that are owned by a utility having more than $1,000,000.00 in annual revenue as documented by the PSC shall not be required to establish an escrow account or to secure a construction bond. The Binding Agreement must:5.4.1.1.1Identify an Operator or Operator and Owner (Operator) or Utility that will assume the operation, management, maintenance and repairs of the large on-site wastewater and disposal system, "the wastewater system", upon satisfactory completion of the construction, by providing:5.4.1.1.1.1Full name and business address of the Operator or Utility;5.4.1.1.1.2A description of the Operator’s or Utilities experience, training and education in the wastewater treatment and disposal industry, together with any supporting data regarding the Operator’s or Utilities qualifications in the industry;5.4.1.1.1.3Proof of the Operator’s or Utilities financial solvency by providing a business financial statement (including balance sheet) that is not more than six (6) months old, and a statement of financial encumbrances;5.4.1.1.1.4A list of licensed wastewater treatment facility operators employed by the Operator or Utility.5.4.1.1.2Identify the terms and conditions under which the Operator or Utility shall assume operational responsibility or ownership of the wastewater system.5.4.1.1.3Provide a detailed description of the wastewater system.5.4.1.1.4Disclose any existing encumbrances, liens or other indebtedness to the title of the wastewater system.5.4.1.1.5Provide an operating budget with sufficient funds for the proper operation and maintenance of the wastewater system, including the accumulation of funds necessary to provide for repair or replacement of mechanical components of the wastewater system based on manufacturer recommendation. The operating budget shall include the establishment of an escrow account to be used exclusively for repair and replacement of failed or failing components of the wastewater system. The escrow account may not be used for phasing construction or the expansion of the wastewater system to accommodate additional residential units. 5.4.1.2The value of the escrow account shall be equivalent to 25% of the cost of all mechanical equipment (e.g., pumps, flow meters, aerators, blowers, gear boxes, etc.) plus 50% of the cost of construction of the wastewater treatment and disposal system (e.g., infiltration beds, trenches, etc.).5.4.1.3Funds shall be deposited into the escrow account as residential units are connected to the wastewater system. The amount of funds deposited shall be equivalent to the percentage of units connected to the wastewater system (i.e., at 50% of build-out, the balance of the escrow account shall equal 50% of the amount established in 5.4.1.1.1, above).5.4.1.4The escrow account shall be transferred to either the owner/operator, Utility or an established Homeowners Association upon satisfactory completion of construction of the wastewater system.5.4.1.5The owner of the wastewater system shall notify the Department, in writing, of intent to access funds from the escrow account. The escrow funds may not be used without prior approval of the Department. When escrow funds are used for the repair and/or replacement of mechanical equipment, the owner must submit a plan for the reestablishment of the escrow fund balance through the use of user fees or other sources.5.4.1.6The escrow account established for a community or a development can only be used for the community or development for which it was established. Accounts for non-contiguous communities or developments may not be co-mingled.5.4.1.7If the wastewater system for which the escrow account was established is abandoned, and the development connects to a regional or municipal wastewater treatment facility, the escrow account may be reduced to cover 25% of the replacement cost of all mechanical equipment associated with the transmission and conveyance sewer lines. If the transmission and conveyance sewer lines are all gravity lines, with no lift stations, pumps, or other mechanical equipment, the escrow account may be terminated and the funds returned to the wastewater system owner.5.4.1.8Be approved by the Department and fully executed along with a CPCN issued by the Delaware PSC for this system before a construction permit is issued by the Department.5.4.1.9The Department shall have the right to inspect and review the financial records of the owner of the wastewater system, to include the operating budget, escrow account, and financial statements.5.4.1.10Prior to initiation of construction of any part or component of a community system the permittee An application for a permit to construct a large system requiring a binding agreement shall provide the Department with an executed performance bond, irrevocable letter of credit, or other security, as approved by the Department, for every wastewater system they are constructing. The performance bond shall be made payable to the Department and the obligation of the performance bond shall be conditioned upon the fulfillment of all requirements related to the construction permit. Terms of the performance bond shall be:5.4.1.10.1The amount shall be equivalent to 50% of the construction cost of the wastewater system (excluding the conveyance system and its appurtenances), but in no case shall it be less than $25,000 nor more than $100,000 for any single community system.5.4.1.10.2A performance bond is not required for any local, municipal, county, state, federal government agency, non-profit association representing property owners, political subdivision, or utility that is regulated registered with by the Public Service Commission that has an annual revenue greater than $1,000,000.00 or a system not subject to a binding agreement.5.4.1.10.3Liability under the performance bond shall run to the State for a continuous period. The Department shall be made the beneficiary of the security and obligations thereof shall be conditioned upon the fulfillment of all requirements of the construction permit. The Department shall release the bond only after the wastewater system has been constructed in accordance with approved plans and has been turned over to a Utility registered with the PSC, an established homeowners association, their designee, or exempted trustee identified in Section 5.4.1.10.2 above, provided all other requirements of Section 5.4.1.10.7 are met.5.4.1.10.4The performance bond shall be executed by the permittee through a corporate surety licensed to do business in the State of Delaware. In lieu of a performance bond, the permittee may elect to provide an original irrevocable letter of credit equal to the required sum of the performance bond.5.4.1.10.5The obligation of the permittee under the performance bond shall become due and payable for the purposes of properly fulfilling the requirements of the permit when the Department has:5.4.1.10.5.1Notified the permittee that the conditions of the permit have not been fulfilled and specified the specific deficiencies in the fulfillment of the permit conditions;5.4.1.10.5.2Given the permittee a reasonable opportunity to correct the deficiencies and to fulfill all the conditions of the permit; and5.4.1.10.5.3Determined that, at the end of a reasonable length of time, some or all of the deficiencies specified under Section 5.4.1.10.5.1 above remain uncorrected.5.4.1.10.6The Department has the authority to designate a new Operator or Utility in the event that the provisions of Section 5.4.1.10.5 have been implemented. Upon formal transfer of ownership of a large wastewater system to an entity identified in 5.1.10.2, the performance bond requirement shall cease, provided the Department has determined that the wastewater system has been constructed in accordance with approved plans and is operating properly.5.4.1.10.7Once the Department has verified that the wastewater system has been constructed in accordance with approved plans, the owner may apply for a permit to operate the system.5.4.1.11The permit application shall also include the following documents for legal review by the Department;5.4.1.11.1A Purchase and Sale Agreement which specifies that the purchaser or a dwelling unit has an encumbrance on the title for wastewater treatment and disposal system operation fees, easements, and other assessments related to the large system.5.4.1.11.2An Acknowledgment of Buyer which is appended to the Purchase and Sale Agreement and signed by the buyer after being furnished copies of appropriate agreements, covenants, restrictions, Articles of Incorporation and Bylaws of the Owner's Association, and indicates understanding that the buyer is obligated to pay assessments for maintaining the large system.5.4.1.11.3The Articles of Incorporation which establishes the owner's association as a state chartered, nonprofit corporation and gives the owners' association specific authority to operate, maintain, and repair the large system; to collect fees and special assessments; and to enforce any covenants, restrictions, or agreements.5.4.1.11.4The Bylaws of the Owners' Association which govern the operation of the owners' association and specifically authorizes the Board of Directors to supervise the operation and maintenance of the large system, collect fees and special assessments, and to take appropriate action when the public health is imperiled by the malfunctioning of the large system.5.4.1.11.5A Declaration of Covenants, Restrictions, and Easements which establishes, among many other limitations, the easements for the onsite sewage collection, treatment, and disposal system, and specifies responsibilities of the developers, their successors or assigns, and any owners' association regarding the large or community system. It further sets the fees and assessments for operation and maintenance of the large system.5.4.1.12For developments that do not contain homeowner’s associations, the above list of documents may be modified, at the Department’s discretion, to include only those documents that are applicable.5.4.1.13All large or community systems that are owned solely by one owner, partnership or corporation, who own the property that the system will be installed upon must execute a Declaration of Covenants and Restrictions (DCR). The DCR must be notarized and recorded at the County’s Office of the Recorder of Deeds after it has been approved by the Department. The recorded copy should then be returned to the Department. Large or community systems meeting this requirement shall be exempt from Sections 5.4.1.1, 5.4.1.10 and 5.4.1.11.5.4.1.14The site criteria for approval of community systems shall be the same as required for large systems (see Section 5.2).5.4.1.15Responsibility for operation and maintenance of large systems shall be vested in a governmental unit or a Council on behalf of the unit property owners pursuant to 25 Del. C., Chapter 22 or for subdivisions with an owners' association duly incorporated within the State with specific authority to operate, maintain, and repair the large system, to collect fees and special assessments and to enforce any covenants, restrictions or agreements (see Section 5.4.1.10).5.4.1.16Unless otherwise required by permit, the permittee must coordinate with the GWDS for all large system annual inspections and a fee is required.5.4.1.17A private wastewater utility corporation may be permitted subject to the following provisions:5.4.1.17.1It must be duly incorporated within the State and remain in good standing.5.4.1.17.2It must remain financially solvent on a continuous basis through a method of financing construction, maintenance, operation, and emergency work related to the large system to the exclusion of whatever other obligations the corporation may assume in other fields. A certification of compliance with this provision shall be provided to the Department annually.5.4.1.17.3There must be a person as identified under Section 5.4.1.15 to who control and operation of the large or community system will pass in trusteeship in the event no persons are willing to serve as officers of the private utility corporation. Such person shall have the opportunity to review and comment on plans and specifications and perform inspections during construction. They shall also be notified of any future construction or major repairs.5.4.1.17.4The following documents must be submitted to the Department before a Utility may be permitted;5.4.1.17.4.1Copy of the Utility’s Article of Incorporation;5.4.1.17.4.2Copy of the general ledger for the two previous years and current year to date;5.4.1.17.4.3Statement of revenue and expenditures with details of revenue for service provided, capital fees, interest earnings, debt costs, income taxes and other applicable expenses; and5.4.1.17.4.4Explanation of how the construction and operation of the wastewater system will be funded5.4.1.17.5Funds collected for operation and maintenance of the system must be kept in an account to be used for the sole purpose of carrying out the functions of the large or community system.5.4.1.17.6There shall be lien powers to assure the collection of delinquent debts.5.5Large System PermittingUpon receipt of the completed application for a permit, the Department will advertise receipt of the application and conduct any hearings in accordance with 7 Del. C., Ch. 60. The cost of the advertisement is to be borne by the applicant. If no hearings are held and if all requirements of these regulations have been fulfilled, a permit will be prepared for the system. All construction and operation permits issued for large on-site wastewater treatment and disposal systems pursuant to these Regulations may be issued for no more than (5) years from the date of issuance. If the construction has been started the Department may issue a limited time period extension. No extensions shall be given upon expiration. The applicant must demonstrate that the proposed large system will meet the regulatory objectives set forth in these regulations and will not cause violations of State and Federal drinking water standards on an average annual basis or State Water Quality Standards for streams.5.5.1A permit issued pursuant to these rules may include but not be limited to such information and conditions as the following:5.5.1.1Conditions necessary for the protection of the environment and the public health may differ from facility to facility because of varying environmental conditions and wastewater compositions. The Department may establish, on a case-by-case basis, specific permit conditions. Specific conditions shall be established in consideration of characteristics specific to a facility and inherent hazards of those characteristics. Such characteristics include, but are not limited to:5.5.1.1.1Chemical, biological, physical, and volumetric characteristics of the wastewater; 5.5.1.1.2Geological and climatic nature of the facility site;5.5.1.1.3Size of the site and its proximity to population centers and to ground and surface water;5.5.1.1.4Legal considerations relative to land use and water rights;5.5.1.1.5Techniques used in wastewater distribution and the disposition of that vegetation exposed to wastewaters;5.5.1.1.6Abilities of the soils and vegetative covers to treat the wastewater without undue hazard to the environment or to the public health; and5.5.1.1.7The need for monitoring and recordkeeping to determine if the facility is being operated in conformance with its design and if its design is adequate to protect the environment and the public health.5.5.1.2Conditions of the permit may specify or limit (see Exhibits II, JJ, KK, LL, MM & NN):5.5.1.2.1Wastewater composition;5.5.1.2.2Method, manner, and frequency of wastewater treatment;5.5.1.2.3Wastewater pretreatment requirements;5.5.1.2.4Physical, chemical, and biological characteristics of a land application facility; and5.5.1.2.5Any other condition the Department finds necessary to protect public health or environment.5.5.1.3The Department may establish a compliance schedule for existing facilities as part of the permit conditions including:5.5.1.3.1Specific steps or actions to be taken by the permittee to achieve compliance with applicable requirements or final permit conditions;5.5.1.3.2Dates by which those steps or actions are to be taken; and5.5.1.3.3In any case where the period of time for compliance exceeds one (1) year the schedule may also establish interim requirements and the dates for their achievements.5.5.2All large system construction permit applications shall be submitted with, at a minimum, the following:5.5.2.1Design Engineer’s ReportThe purpose of the report is to record the factors used in the functional design of the on-site wastewater treatment and disposal facility, and of each of the component units. The report shall include the calculations and justifications for the overall design of the on-site wastewater treatment and disposal facility including pump stations and treatment processes. This approval is valid for two years. If construction has not begun within this period, the project will require re-evaluation. The minimum must be addressed (if applicable):5.5.2.1.1DNREC application form5.5.2.1.2Applicable zoning certificate5.5.2.1.3CPCN, if granted5.5.2.1.4Conditional use approval, if warranted5.5.2.1.5Site location map identifying major roads5.5.2.1.6Summary table to include but not limited to:5.5.2.1.6.1 Development name, permittee, county, design engineer, dwellings, phases, flows, proposed treated wastewater characteristics, infiltration/application rates, disposal system type and treatment type5.5.2.1.7Executive Summary with Purpose and Scope to include:5.5.2.1.7.1Design flows (peaks and average)5.5.2.1.7.2Number of dwellings 5.5.2.1.7.3Influent wastewater characteristics5.5.2.1.7.4Effluent parameters proposed5.5.2.1.8Wastewater treatment plant 5.5.2.1.8.1Overview5.5.2.1.8.2Process description5.5.2.1.8.3Chemical addition5.5.2.1.8.4Grit/Screening process5.5.2.1.8.5Sludge/production and disposal process5.5.2.1.8.6Influent flow recording5.5.2.1.8.7Overview of mechanical control and alarm system5.5.2.1.9Effluent disposal system5.5.2.1.9.1Disposal system type5.5.2.1.9.2Effluent conveyance operations5.5.2.1.9.3Flow metering5.5.2.1.9.4Disinfection5.5.2.1.10Project phasing5.5.2.1.10.1Include information regarding managing low flow and/or organic loadings through the integration of multiple treatment units5.5.2.1.10.2Provide phases based on flows5.5.2.1.11Calculations5.5.2.1.11.1Wastewater treatment plant calculations5.5.2.1.11.2Process design calculations and equations 5.5.2.1.11.3Wastewater disposal system sizing calculations5.5.2.1.11.4Dosing calculations5.5.2.1.11.5Sludge production calculations5.5.2.1.11.6Lift station(s) calculations5.5.2.1.11.7Provide all assumptions used and supporting data.5.5.2.1.12Equipment List5.5.2.1.12.1Provide all equipment specifications to include cut sheets, model numbers, pump curves, system curves, capacitates, etc5.5.2.2PlansThe plans and specifications will be reviewed for consistency with the SIR, HSR, SWAR and accepted engineering standards. 5.5.2.2.1Site Plan:5.5.2.2.1.1Layout of entire site including lift station.5.5.2.2.2General Layout of the wastewater treatment facility including:5.5.2.2.2.1Topography of the wastewater treatment facility site with 2 foot contours5.5.2.2.2.2Size and location of wastewater treatment plant structure proposed5.5.2.2.2.3Schematic flow diagram showing the flow through various treatment units5.5.2.2.2.4Piping - including any arrangements for bypassing individual units5.5.2.2.2.5Materials handled and direction of flow through pipes shall be shown5.5.2.2.2.6Linear levels and/or flow path diagrams5.5.2.2.2.7Hydraulic profiles showing the flow of wastewater, supernatant liquor, and sludge if requested5.5.2.2.2.8Flow meter(s) locations (Influent and Effluent meters required)5.5.2.2.2.9Sample location(s)5.5.2.2.3General Layout of wastewater disposal area, including:5.5.2.2.3.1Topography of the wastewater disposal site with 2 foot contours5.5.2.2.3.2Proposed disposal system elevations5.5.2.2.3..3Disposal system location, size and layout5.5.2.2.3.4Spare disposal system location, if applicable5.5.2.2.3.5Piping to disposal system.5.5.2.2.3.6Monitoring well and observation well locations as approved by the Department5.5.2.2.3.7Overlay of disposal area with approved soil delineation area5.5.2.2.4Detailed Plans5.5.2.2.4.1Location, dimensions and elevations of all existing and proposed plant facilities5.5.2.2.4.2Type, size, pertinent features and manufacture’s rated capacity of all pumps, blowers, motors, and other mechanical devices, unless included in the specifications5.5.2.2.4.3Provide disposal system layout (identify laterals, transmission line, manifolds, valving, vaults, splash blocks, runs, laterals, air release valves, remote zoning and etc)5.5.2.2.4.4Typical cross section of disposal system(s)5.5.2.2.4.5Cut/fill sections, if applicable5.5.2.2.4.6Piping details to system5.5.2.2.4.7Valving details of disposal system5.5.2.2.4.8Splash block details for rapid infiltration basin(s), if applicable5.5.2.2.4.9Berm details applicable to the disposal system5.5.2.2.4.10Fence with signs details5.5.2.2.4.11Provide silt fence details5.5.2.3Technical SpecificationsFor design/construct/build projects the Department will review plans on a case by case basis. The specifications accompanying the plans shall include, but not be limited to, all construction information not shown on the drawings providing the detail of the design requirements pertaining to the quality of materials and workmanship, fabrication of the project, the type, size strength, operating characteristics, and ratings of equipment; the complete requirements for all mechanical and electrical equipment, including machinery, valves, piping and pipe joints; electrical apparatus, wiring, meters, laboratory fixtures and equipment; operating tools; construction materials; miscellaneous appurtenances; chemicals, when used; instruction for testing materials and equipment, as necessary, to meet design standards; operating tests for the completed facilities.5.5.2.4Operations & Maintenance Plan5.5.2.4.1General5.5.2.4.2Spray Specific5.5.2.4.2.1Prior to pumping to the spray field distribution system, materials that can clog distribution pipes or spray nozzles must be removed, if required. Screening to remove solids greater than one-third (1/3) the diameter of the smallest sprinkler nozzle is recommended. Screenings shall be captured and removed for disposal (method of disposal must be described in detail).5.5.2.4.2.2System Description5.5.2.4.2.2.1A narrative description and process design summary for the land treatment facility including the design wastewater flow, design wastewater characteristics, pre-application treatment system and spray fields5.5.2.4.2.2.2A map of the land treatment facility showing the pre-application treatment system, storage pond(s), spray fields, buffer zones, roads, streams, drainage system discharges, monitoring wells, etc5.5.2.4.2.2.3A map of interceptor sewers, force mains and major pump stations tributary to the land treatment facility. Indicate their size and capacity5.5.2.4.2.2.4A schematic and plan of the pre-application treatment system and storage pond(s) identifying all pumps, valves and process control points5.5.2.4.2.2.5A schematic and plan of the irrigation distribution system identifying all pumps, valves, gauges, sprinklers, etc5.5.2.4.2.2.6Discussion of the design life of the facility and factors that may shorten its useful life, including procedures or precautions which will compensate for these limitations5.5.2.4.2.2.7A copy of facility's National Pollutant Discharge Elimination System (NPDES) Permit, if applicable5.5.2.4.2.2.8A copy of the Land Treatment System (LTS) Permit 5.5.2.4.2.3Management and Staffing5.5.2.4.2.3.1Outline of management's responsibilities and duties5.5.2.4.2.3.2Outline of staffing requirements and duties:5.5.2.4.2.3.2.1Describe the various job titles, number of positions, qualifications, experience, training, etc5.5.2.4.2.3.2.2Define the work hours, duties and responsibilities of each staff member5.5.2.4.2.4Facility Operation and Management5.5.2.4.2.4.1Pre-application Treatment System5.5.2.4.2.4.1.1Describe how the system is to be operated5.5.2.4.2.4.1.2Discuss process control5.5.2.4.2.4.1.3Discuss maintenance schedules and procedures5.5.2.4.2.4.2Irrigation System ManagementWastewater Application - discuss how the following will be monitored and controlled. Include rate and loading limits.5.5.2.4.2.4.2.1Wastewater loading rate (inches/week)5.5.2.4.2.4.2.2Wastewater application rate (inches/hour)5.5.2.4.2.4.2.3Spray field application cycles5.5.2.4.2.4.2.4Organics, metals, nitrogen, and phosphorus loading (lbs/acre per month, etc) 5.5.2.4.2.4.3System operation and maintenance5.5.2.4.2.4.3.1Storage pond(s)5.5.2.4.2.4.3.2Irrigation pump station(s)5.5.2.4.2.4.3.3Spray field force main(s) and laterals5.5.2.4.2.4.3.4Discuss start-up and shut-down procedures5.5.2.4.2.4.3.5Discuss system maintenance5.5.2.4.2.4.3.5.1Equipment inspection schedules5.5.2.4.2.4.3.5.2Equipment maintenance schedules5.5.2.4.2.4.3.6Discuss operating procedures for adverse conditions5.5.2.4.2.4.3.6.1Wet weather5.5.2.4.2.4.3.6.2Freezing weather5.5.2.4.2.4.3.6.3Saturated soil5.5.2.4.2.4.3.6.4Excessive winds5.5.2.4.2.4.3.6.5Electrical and mechanical malfunctions5.5.2.4.2.4.4Provide troubleshooting procedures for common or expected problems.5.5.2.4.2.4.5Discuss the operation and maintenance of back-up, stand-by and support equipment.5.5.2.4.2.4.6Vegetation Management5.5.2.4.2.4.6.1Discuss how the selected cover crop is to be established, monitored and maintained; how the irrigation schedule will be altered during harvest and regeneration5.5.2.4.2.4.6.2Discuss cover crop cultivation procedures, harvesting schedules and uses5.5.2.4.2.4.6.3Discuss buffer zone vegetative cover and its maintenance5.5.2.4.2.4.7Emergency and Contingency Planning5.5.2.4.2.5Monitoring Program5.5.2.4.2.5.1Discuss sampling procedures, frequency, location and parameters for:5.5.2.4.2.5.1.1Pre-application treatment system5.5.2.4.2.5.1.2Irrigation System:5.5.2.4.2.5.1.2.1Storage pond(s)5.5.2.4.2.5.1.2.2Groundwater monitoring wells5.5.2.4.2.5.1.2.3Surface Water, if applicable5.5.2.4.2.5.2Discuss soil sampling and testing5.5.2.4.2.5.3Discuss ambient conditions monitoring for:5.5.2.4.2.5.3.1Rainfall5.5.2.4.2.5.3.2Wind speed5.5.2.4.2.5.3.3Soil moisture5.5.2.4.2.5.4Discuss the interpretation of monitoring results and facility operation:5.5.2.4.2.5.4.1Pre-application treatment system5.5.2.4.2.5.4.2Spray fields5.5.2.4.2.5.4.3Groundwater5.5.2.4.2.5.4.4Soils5.5.2.4.2.6Records and Reports5.5.2.4.2.6.1Discuss maintenance records:5.5.2.4.2.6.1.1Preventive5.5.2.4.2.6.1.2Corrective5.5.2.4.2.6.2Monitoring reports and/or records:5.5.2.4.2.6.2.1Pre-application treatment system and storage pond(s)5.5.2.4.2.6.2.1.1Influent flow5.5.2.4.2.6.2.1.2Influent and effluent wastewater characteristics5.5.2.4.2.6.2.2Irrigation System5.5.2.4.2.6.2.2.1Wastewater volume applied to spray fields5.5.2.4.2.6.2.2.2Spray field scheduling5.5.2.4.2.6.2.2.3Loading rates5.5.2.4.2.6.2.3Annual Record of Groundwater Depth5.5.2.4.2.6.2.4Surface water parameters, if applicable5.5.2.4.2.6.2.5Soils data5.5.2.4.2.6.2.6 Rainfall and climatic data5.5.3Prior to the issuance of an operating permit the following must be submitted: 5.5.3.1Upon construction completion, the design engineer must submit an approved set of as-built drawings to include: an as-built set of plans of the facility bearing the seal and signature of a DNREC Class C licensed Professional Engineer registered in the State of Delaware. 5.5.3.1.1This as-built shall include a full equipment list and technical specifications for all equipment used, if different than permitted. 5.5.3.1.2The as-built must also incorporate the new topography elevations of the system, along with elevations of new monitor/observation wells at the top of the casing, at the ground surface, GPS coordinates (State Plane), and local topography tied to a common benchmark. 5.5.3.1.3The location and screen depth, length of stick up, and well ID’s must also be provided for each new monitor well.5.5.3.2Advertisement Fee5.5.3.3CPCN, if applicable5.5.3.4Conditional Use, if applicable5.5.3.5Engineer’s Inspection Report(s)5.5.3.6Contractor’s Certificate of Completion5.5.3.7Beneficial Use of Collection System or Inspection Reports demonstrating collection system has been installed and inspected5.5.3.8Background monitoring well samples and analysis5.5.3.9Operator contract with training certification5.5.3.10O&M plan including operators manual and manufacturers specifications5.5.3.11Sludge hauling contract5.5.3.12Legal documents5.5.3.13Failure to submit all required information shall constitute grounds for denial of the operations permit.5.5.4Permit Re-IssuanceAt least 180 days prior to the expiration date of the permit, the permittee must submit an application for renewal or notify the Department of the intent to cease discharging by the expiration date. The application package for systems ≥ 100,000 gpd must include a five (5) year Compliance Monitoring Report (CMR). The CMR refers to items 5.5.4.3 thru 5.5.4.7 below. Individual permits may indicate specific requirements however, at a minimum, the following items must be addressed in the permit renewal application package:5.5.4.1Permit renewal application form and applicable fees;5.5.4.2Request for permit modifications, if any;5.5.4.3Soils review5.5.4.3.1Soil reports must be signed and sealed by a Class D soil scientist.5.5.4.3.2Spare area – Perform one soil boring/acre in the spare area. Soil profile descriptions must be logged on a soil profile note page(s). List new wells, storm water ponds, filling/cutting or anything that will impact the current and/or future operation of the drainfield(s) and spare area(s)5.5.4.3.3The consultant must make conclusions based on the monitoring/performance data must be summarized. Recommendations for future monitoring, system upgrades or improvements, O&M, etc. should be provided as necessary.5.5.4.3.4Spray Facilities – operation permits specify the soil monitoring parameters and frequency.5.5.4.3.4.1Review soil analysis lab results for the life of the permitted land application activities and report any trends which may be developing.5.5.4.3.4.2Review the design land limiting constituents and the approximate site life calculated at the time of design. Review the current levels of potential land limiting constituents (i.e., hydraulic loading, phosphorus, cadmium, copper, lead, nickel, zinc, etc.). Based on trends of the monitored parameters, determine the current land limiting constituent and estimate approximate remaining site life.5.5.4.3.4.3Review pH levels, liming activities, additional fertilizer applications, and cropping uptakes as they relate to permit conditions and report any concerns.5.5.4.3.4.4Determine if current cropping sequences/rotations are appropriate or if changes should be recommended.5.5.4.3.4.5Indicate whether the disposal application areas show signs of stress or failure. Such visual signs include: ponding of wastewater, runoff, poor or dead vegetation, compaction, and any other impacts affecting the facility grounds.5.5.4.4Hydrogeologic Evaluation5.5.4.4.1Hydrogeological reports must be signed and sealed by a Delaware-licensed professional geologist (PG).5.5.4.4.2The current number of units connected to the system must be reported. Also indicate the number of units connected for each year of the five (5) year reporting period and location of units. 5.5.4.4.3A map of the current monitoring/observation well network must be provided. Any changes to the well network (e.g., replacement, abandonment) must be documented.5.5.4.4.4The following well data must also be tabulated: permit number, local identifier, easting, northing, diameter, screen interval, top-of-casing (TOC) elevation and land-surface elevation. The casing (inner or outer) from which the water-level measurement will be taken should be specified. 5.5.4.4.5Metered flow demonstrating volumes versus time must be plotted for average monthly influent, average monthly effluent, and daily peak influent flows. Trends identified in the data should be discussed. 5.5.4.4.6Water-table hydrographs must be provided to demonstrate that the required unsaturated zone thickness is maintained beneath the wastewater system (see exhibit W). The hydrographs must show hydraulic head (in ft above mean sea level (msl)) versus time. Hydraulic head data must be evaluated with respect to the disposal surface.5.5.4.4.7Precipitation data for the reporting period must be plotted based on nearby meteorological stations or on-site observations. Compare peak flows to precipitation data to detect any inflow and infiltration into the collection system. Data for the nearest Delaware Environmental Observing System (DEOS) station may be accessed at: . 5.5.4.4.8Maps showing the configuration of the water table and ground-water flow direction must be presented for (1) peak, (2) average, and (3) minimum water-table conditions for the reporting period. 5.5.4.4.9The peak observed (or interpolated) mound beneath each basin must be reported as a percentage of the simulated (or predicted) mound. Example: the simulated pre-system operation water table was 50 ft msl and the simulated post-RIB mound was 55 ft msl. An observed mound of 52 ft msl would constitute 40% of the simulated mound. This percentage must be compared to metered flows (reported as a percentage of peak flow). * The PG may consider re-running the model to verify mounding using the observed flow.5.5.4.4.10Temporal trends in both effluent and ground-water quality must be evaluated and compared to background samples and/or previous sampling results. Tabulated influent, effluent, and monitoring well data must be provided. Data must also be plotted verses time to depict trend lines. Where applicable, ground-water data must be evaluated with respect to drinking-water standards established by the U.S. EPA and for adjacent receptors. 5.5.4.4.11Some site specific criteria will be necessary for specialized conditions, needs, and/or circumstances (i.e., regional systems, phased approaches, etc.).5.5.4.4.12The PG must provide a conclusion based on the monitoring/performance data must be summarized. Recommendations for future monitoring, system upgrades or improvements, operation and maintenance (O&M), etc. should be provided as necessary.5.5.4.5Engineering/Operations5.5.4.5.1Operation and maintenance (O&M) concerns and/or changes, if any, must be summarized by the engineer and/or consultant. Items may include infiltration problems, unscheduled equipment replacement, basin maintenance, treatment system problems and crop activities (i.e. harvesting, planting, etc.). Dates and descriptions of routine maintenance procedures, such as basin raking, must also be provided.5.5.4.5.2List, summarize, and date all compliance items relative to the permit (i.e. enforcement actions, notice of violations, manager warnings, self-reported permit violations, and effluent limitation exceedances) 5.5.4.5.3Conclusions based on the monitoring/performance data must be summarized. Recommendations for future monitoring, system upgrades or improvements, O&M, etc. should be provided as necessary.5.5.4.6Bio-Solids Management5.5.4.6.1Permit/Contract:5.5.4.6.1.1If a third party manages the bio-solids, provide a copy of the most recent bio-solids management contract. 5.5.4.6.1.2If the permittee manages the bio-solids, provide a copy of the current DNREC – Land Application for Agricultural Utilization Permit.5.5.4.6.2Provide a summary of the volume (gallons) of bio-solids generated, removed and/or stored over the past five years.5.5.4.7Overall Conclusions/Recommendations5.5.4.7.1Conclusions based on the monitoring/performance data must be summarized and submitted by the engineer, consultant and/or permittee. Recommendations for future monitoring, system upgrades or improvements and O&M should be provided as necessary. Systems with compliance matters that are unresolved, must submit a work plan detailing the course of action proposed to return the facility to compliance. Systems with existing compliance matters that are unresolved with an existing work plan must provide a status update, a summary of actions completed, and any adjustments to the work plan’s timeline or course of actions.5.5.5Permit Modification5.5.5.1Minor modifications are those which if granted would not result in any increased impact or risk to the environment or to the public health. Such modifications shall be made by the Department. Minor modifications are normally limited to:5.5.5.1.1Correction of typographical errors5.5.5.1.2Transfer of ownership or operational control5.5.5.1.3Change in monitoring or reporting frequency5.5.5.2All modifications not considered minor shall be considered major modifications. The procedure for making major modifications shall be the same as that used for a new permit under these regulations.5.5.6Permit Transferability. Permits shall be transferable to a new owner or operator provided that the permittee notifies the Department by requesting a minor modification of the permit before the date of transfer and that such transfer is consistent with any trust indenture and/or CPCN required by these rules.5.5.7Appeals of final permits shall be governed by 7 Del. C., 6008 and 6009.5.5.8Permit Revocation5.5.8.1The Department may revoke a permit if the permittee violates any permit condition or these regulations or failure to pay applicable Departmental fees.5.5.8.2Except in cases of emergency, the Department shall issue a written notice of intent to revoke to the permittee prior to final revocation. Revocation shall become final within twenty (20) days of receipt of the notice by the permittee, unless within that time the permittee requests an administrative hearing in writing.5.5.8.3The Department shall notify the permittee in writing of any revocation hearing at least twenty (20) days prior to the date set for such hearing. All hearings shall be conducted in accordance with 7 Del. C., Chapter 60.5.5.8.4If the Department finds the public health, safety or welfare requires emergency action, the Department shall incorporate findings in support of such action in a written notice of emergency revocation issued to the permittee. Emergency revocation shall be effective upon receipt by the permittee. Thereafter, if requested by the permittee in writing, the Department shall provide the permittee a revocation hearing and prior notice thereof. Such hearings shall be conducted in accordance with 7 Del. C., Chapter 60.5.5.9Regional5.5.9.1Required Documents:5.5.9.1.1The applicant must submit a Regional Facility Plan identifying all subdivisions that will connect to the Regional Wastewater Treatment and Disposal Facility (regional facility). The plan must include the total number of units from each subdivision, and demonstrate that the regional facility is capable of receiving the design flows. If a plan does not exist, upon connection of each facility the permittee shall submit the following for approval: development name, legal documents, number of homes, phasing approach.5.5.9.1.2A Conditional Use approval5.5.9.1.3A Certificate of Public Convenience and Necessity (CPCN) for each subdivision that will connect to the regional facility5.5.9.1.4A zoning certificate for each subdivision that will connect to the regional facility5.5.9.1.5A binding agreement from the developer/owner of each subdivision stating that they authorize connection of their subdivision to the regional facility5.5.9.1.6A copy of the approved subdivision recordation plan for each subdivision that will connect to the regional facility. The number of units shown on the approved county subdivision recordation plan must agree with the number of units identified in the Regional Facility Plan or requested by the Department.5.5.9.1.7The documents identified in Section 5.4.1.11, as applicable5.5.9.2Wastewater Treatment and Disposal5.5.9.2.1The regional facility must be designed to accommodate all flows from all sources.5.5.9.2.2If the regional facility is constructed in phases, the number of units that will be authorized to be connected to the regional facility will be limited to the approved capacity of the wastewater treatment and disposal system.5.5.9.2.3If additional off-site disposal areas are incorporated into the regional facility, the force main, pump station, and appurtenances to the off-site disposal area must be permitted for construction before the off-site disposal area can be included as part of the regional facility.5.5.9.3Conveyance System(s)5.5.9.3.1A permit application to construct a sewage conveyance system, force main, and appurtenances for a subdivision that will connect to a regional facility will only be reviewed by the Department after all of the applicable required documents have been approved by the Department and there is sufficient capacity to connect the subdivision to the regional facility.5.6Construction Requirements5.6.1Prior to initiating construction of the on-site wastewater treatment and disposal system, a pre-construction meeting shall be held on-site and attended by the following individuals: DNREC Soil Scientist, DNREC Environmental Engineer, DNREC Hydrologist, Soil Scientist, Professional Geologist, Project Design Engineer, General Site Contractor, Class E System Contractor and any other necessary parties.5.6.1.1The system must be installed by a DNREC licensed Class E system contractor (contractor) who is qualified and has experience with the installation of large on-site wastewater treatment and disposal systems or proper installation of the treatment plant and/or spray system must be certified by the design engineer and the manufacturer’s representative.5.6.1.2The contractor shall notify the GWDS 72 hours prior to construction start-up to receive an authorization number. The contractor must have an approved permit on site during construction.5.6.1.3Upon receipt of the authorization number, the contractor shall notify an Environmental Engineer from the GWDS to provide an installation timeline. Upon receipt of timeline, the GWDS may request weekly status reports (verbal) or monthly progress reports (written) be submitted.5.6.1.4All systems are to be surveyed. 5.6.1.5There shall be no soil disturbance to the disposal areas except the minimum required for installation. A substantial barrier must be placed around the disposal areas, including spare area, prior to the initiation of subdivision construction activities.5.6.1.6The permittee must obtain all necessary collection system permits. Prior to the system being put into operation the permittee must supply the GWDS with written approval from the appropriate governmental entity for the construction of the collection system. If the collection system does not require county approval, the permittee must supply the GWDS all testing procedures conducted and results to include any lift stations.5.6.1.7The contractor shall notify the Design Engineer and the GWDS for a dual inspection prior to covering. Upon completion of the installation the contractor must receive approval from both parties prior to putting any part of system into operation. The Design Engineer shall provide the GWDS with an approved inspection report(s).5.6.1.8The permittee is responsible for supplying the Department with a certificate or letter of completion/approval from the wastewater treatment plant manufacturer upon construction completion of the wastewater treatment plant, if applicable.5.6.1.9If multiple disposal methods are being proposed for a facility then multiple permit applications will be required.5.6.1.9For systems with spray irrigation fields the following must be adhered to:5.6.1.9.1Construction activities within spray fields must be minimized. Excessive compaction of surface soils by construction equipment must be avoided. Re-grading of pipeline trenches must match original contours. Subsidence of trench backfill must be repaired.5.6.1.9.2Forested systems only grub the pipe centerline. Excessive clearing and grubbing shall be avoided. Clearing for above-ground piping systems shall only be that vegetation interfering with operation of the system. All areas disturbed by construction must be re-vegetated immediately. Sloped areas require protection from erosion.5.6.1.9.3Pressure testing of the irrigation force mains and laterals shall be conducted during installation to avoid damage to spray fields. Flushing is necessary to clear distribution system pipes of construction debris which will clog sprinkler nozzles. Care should be exercised to prevent erosion or flooding of the spray fields during pipeline flushing. Every effort should be made to keep trash and debris out of the distribution systems. Sprinklers and drain valves shall be checked for proper operation prior to installation.5.6.1.9.4Wastewater irrigation on bare soil is not allowed beyond what is necessary to establish a vegetative cover. Wastewater application, at the design rate, will begin only after a uniform vegetative cover has been established. Specifications for spray field construction must include a re-vegetation performance standard and this standard must be enforced.5.6.1.9.5Spray fields must be constructed early in the project so a vegetative cover can be re-established on disturbed areas before wastewater irrigation begins. Potable, ground or surface water must be used for distribution system testing and irrigation to establish vegetation. One growing season is necessary before new spray fields will accept the design wastewater loading. This start-up period must be considered in the design and operation of these systems.5.7Operation and Maintenance Requirements5.7.1The permittee shall at all times maintain in good working order and operate as efficiently as possible all collection, treatment and disposal system components installed or used by the permittee to achieve compliance with the terms and conditions of the permit.5.7.2Any on-site wastewater treatment and disposal system receiving ≥ 2,500 gpd will require a licensed wastewater operator. The class of operator will be determined based on the Board of Certification for Licensed Wastewater Operators (refer to the Regulations for Licensing Operators of Wastewater Facilities and the Surface Water Discharges Section).5.7.3Organic chemical septic tank cleaning agents shall not be used in large on-site wastewater treatment and disposal systems.5.7.4Grease traps shall be cleaned when seventy-five (75) percent of the grease retention capacity has been reached.5.7.5The sites of the initial and replacement absorption facilities shall not be covered by asphalt or concrete or subject to vehicular traffic or other activity which would adversely affect the soils. These sites shall be maintained so that they are free from encroachments by accessory buildings and additions to the main building.5.7.6The Department may impose specific operation and maintenance requirements for on-site wastewater treatment and disposal systems to assure continuity of performance.5.7.7Large systems which serve communities that experience a significant variation in flow on an annual basis, may be prescribed specific criteria in the permit for taking certain treatment units out of service during periods of low flow. The criteria will establish procedures for winterization and restart. Minimum levels of treatment must be provided at all times and in no event shall it be less than the level of treatment provided by a conventional on site wastewater treatment and disposal system.5.7.8The Department shall impose, in any permit for large or community systems, standards for evaluating treatment system performance and compliance with these regulations. These standards may be in the form of limitations on flow and pollutant concentrations and mass loadings. The standards shall reflect the utilization of best management and operational practices.5.7.9The following shall apply to RIBs:5.7.9.1All wastewater must undergo disinfection, preferably ultraviolet radiation, prior to being discharged to a disposal basin. All disinfection must reach fecal coliform limits of ≤ 200 col/100 ml. 5.7.9.2The basin surface must be maintained, as necessary, to remove any impedance to infiltration. Any maintenance activity, scheduled or emergency must be performed when the basin is dry. All basin maintenance activities should be included in the operators log book and available upon request. Periodic infiltration testing may be required.5.8Monitoring Requirements5.8.1Groundwater Monitoring5.8.1.1A groundwater monitoring network shall be constructed to ensure wastewater-related contaminants are captured and characterized. The monitoring network must account for nearby sensitive receptors. Wells installed during the Hydrogeologic Suitability Report (HSR) may be used for monitoring provided they are suitably located, constructed, and classified. 5.8.1.2Any monitor wells constructed after the completion of the HSR shall have a minimum of three (3) groundwater samples taken to establish ambient conditions in the new well(s) (see section 5.2.3.5). 5.8.1.3Spray irrigation systems require a minimum of six (6) monitor wells (MWs): one (1) upgradient, two (2) downgradient, and one (1) within the wetted field and one (1) up gradient and one (1) down gradient of the lagoon(s). All other systems will require a minimum of four (4) MWs: one (1) upgradient, one (1) within, and two (2) downgradient of the proposed disposal area. Additional wells may be required depending on site or project characteristics. 5.8.1.4All RIB systems > 100,000 gpd shall install nested monitor wells. The nested wells shall be located and constructed based on a particle tracking analysis in the numerical model developed for the groundwater mounding analysis in the HSR.5.8.1.5Groundwater monitoring shall be performed on a quarterly basis unless otherwise required by the Department.5.8.1.6Groundwater sampling shall include the following parameters unless specified otherwise in the permit: ParameterUnit MeasurementMonitoring FrequencySample TypepHS.U.QuarterlyField TestTemperature°FQuarterlyField TestSpecific Conductance?S/cmQuarterlyField TestDissolved Oxygenmg/LQuarterlyField TestDepth to Water TableHundredth of a footQuarterlyField TestAmmonia Nitrogenmg/LQuarterlyGrabNitrate Nitrogenmg/LQuarterlyGrabTotal Nitrogenmg/LQuarterlyGrabTotal Coliformsmg/LQuarterlyGrabFecal ColiformCol/100 mlQuarterlyGrabTotal Phosphorusmg/LQuarterlyGrabSodiummg/LQuarterlyGrabChloridemg/LQuarterlyGrab5.8.1.7Specific conductance, pH, temperature, and dissolved oxygen shall be measured using a calibrated field meter during well purging, which should be performed using either a submersible or peristaltic pump. Once the field parameters have stabilized, a groundwater sample shall be obtained for the parameters listed above and analyzed by a certified laboratory.5.8.1.8All large systems ≥ 100,000 gpd and all RIBs shall maintain, at a minimum, one (1) monitor well within the disposal area with a pressure transducer. Pressure transducer readings must, at a minimum, be recorded at a one (1) hour frequency. 5.8.1.9Exceptions to monitoring requirements may be considered by the Department on a case-by-case basis. 5.8.2Influent & Effluent Monitoring5.8.2.1Influent samples shall be grab samples taken in accordance with the process control requirements as outlined in the operation and maintenance manuals. 5.8.2.2The effluent samples shall be taken from a composite sampler.5.8.2.3All influent and effluent samples shall be tested for the following parameters in the table below unless otherwise specified in the permit:ParameterUnit MeasurementMonitoring FrequencySample TypeInfluentEffluentEffluent FlowGallons Per DayContinuousRecordedRecordedBOD5Mg/L2 x MonthGrabCompositeTSSMg/L2 x MonthGrabCompositeTotal NitrogenMg/LMonthlyGrabCompositeTotal Kjeldahl NitrogenMg/LMonthlyGrabCompositeNitrate as NitrogenMg/LMonthlyGrab CompositeNitrite as NitrogenMg/LMonthlyGrabCompositepHS.U.3 x per weekGrabCompositeChlorideMg/LQuarterlyGrabComposite5.8.3Soils Monitoring5.8.3.1Representative soil samples from each major soil series must be taken and analyzed. Soil pH is an indicator of changes in soil chemistry. If soil pH remains constant, analysis of cation exchange capacity and percent base saturation is not required. If the soil pH changes by one unit, analysis of these parameters will be required.ParameterUnit MeasurementMeasurement FrequencySample TypepHS.U.AnnuallySoil CompositeOrganic Matter%AnnuallySoil CompositePhosphorus (as P2O5) mg/kgAnnuallySoil CompositePotassiummg/kgAnnuallySoil CompositeSodium Adsorption Ratiomeq/100gAnnuallySoil CompositeCadmiummg/kgOnce per 4 yearsSoil CompositeNickelmg/kgOnce per 4 yearsSoil CompositeLeadmg/kgOnce per 4 yearsSoil CompositeZincmg/kgOnce per 4 yearsSoil CompositeCoppermg/kgOnce per 4 yearsSoil CompositeCation Exchange Capacitymeq/100g*Only if soil pH changes significantlySoil CompositePhosphorus Adsorptionmeq/100g**Only if soil phosphorus levels become excessive for plant growthSoil CompositePercent Base Saturation%*Only if soil pH changes significantlySoil Composite*A significant change in soil pH is defined as a change of one or more standard units (S.U.) from the original value established in the permit.**Excessive levels of soil phosphorus are defined by the Delaware Nutrient Management Commission. Soil phosphorus levels must be tested in accordance with the University of Delaware soil testing methods (Gartley, 2002). If the soil phosphorus levels become excessive, the permittee must perform a Phosphorus Site Index (PSI) study. The results must be submitted to the GWDS within 30 days of study completion. Based on these, the GWDS may require the permittee to submit a plan detailing steps to reduce the phosphorus loading rates at the site.5.8.3.2Wastewater systems receiving industrial process wastes may be required to monitor metals and priority pollutants in soils and, possibly vegetation. The parameters and frequencies will be determined on a case-by-case basis.5.8.4Monitoring Reporting5.8.4.1Monitoring results obtained during the previous one (1) month/quarter shall be summarized and reported on an approved monitoring report form(s) postmarked no later than the 28th day of the month following the completed reporting period. Signed reports/forms and field data shall be submitted to the Department at the following address:Delaware Department of Natural Resources and Environmental ControlGround Water Discharges Section89 Kings HighwayDover, DE 19901Telephone: (302) 739-9948Fax: (302) 739-77645.8.4.2All field sampling logs and laboratory results for samples obtained from a well shall be identified by the DNREC ID affixed to the well.5.8.4.3Requests for monitoring modifications must be submitted to the Department in writing.? Such requests must clearly state the reason for and nature of the proposed modification and, where applicable, must contain supporting scientific information, analysis, and justification.? Requests will be addressed by the department on a case-by-case basis.?5.9Annual Report5.9.1The permittee shall submit to the Department an annual operation report summarizing the previous January through December timeframe on or before February 1st of each year. The annual operation report shall also summarize the management and administration of the facility and include the following (other parameters may be specified in the permit too):5.9.1.1Total effluent flow to disposal system;5.9.1.2Average monthly effluent flow to disposal system;5.9.1.3Peak monthly effluent flow;5.9.1.4Number of dwellings;5.9.1.5BOD5 annual average;5.9.1.6TSS annual average;5.9.1.7Total Nitrogen annual average or pounds per unit;5.9.1.8Biosolids hauled (dry weight),5.9.1.9Daily rainfall, temperature, wind speed and direction, may be required;5.9.10Operational and maintenance activities;5.9.11Vegetative management practices followed; and5.9.12Documentation on the calibration of influent and effluent flow meters5.9.13For spray only:5.9.13.1The annual volume of wastewater spray irrigated on each field with the total nitrogen and phosphorus loading applied to each field in pounds per acre per field as well as total pounds removed;5.9.13.2A chemical analysis of soils from each field for the constituents identified in the permit;5.9.13.3Identification of those portions of the field(s) which have been prone to ponding, pooling or runoff; and5.9.13.4The type and amount of crop removed from each field5.9.2The information shall be reported on a DNREC approved form and submitted to the above address.5.10Temporary Holding TankA temporary holding tank permit will consist of construction and operation and the requirements for its use are as follows:5.10.1Temporary holding tank permits may be issued for large systems when:5.10.1.1A construction permit has been issued and is still valid5.10.1.2Construction has been started and a time frame for construction completion demonstrates this will be prior to permit expiration5.10.1.3The number of dwellings to be served by the permit is ≤ 495.10.2Regional Temporary Holding TankThe requirements for the use of a regional temporary holding tank are as follows:5.10.2.1The requirements for a temporary holding tank must be completed (see section 5.10.1)5.10.2.2The permit application must include legal documentation of the agreement between the owner and a utility provider5.10.2.3A county conditional use ordinance approval5.10.3ConditionsThe following conditions apply to temporary holding tank permits:5.10.3.1The permit application shall include: a zoning certificate, project overview, number of dwellings to be served, alarm system, design calculations, system specifications and technical plans5.10.3.1.1The alarm system must be visual and audible. An alarm which utilizes off-site notification may be used5.10.3.2All construction requirements are located in section 5.65.11FeesThe Department has established a schedule of annual and/or one-time fees. This fee schedule may be revised from time to time after notice and opportunity for hearing. One-time fees shall be submitted to the Department at time of application. Annual fees shall be submitted to the Department upon receipt of notice or in accordance with the fee payment schedule. Failure to pay fees shall constitute grounds for denial of this and subsequent applications plus revocation of previously issued permits.5.11.1Permitting5.11.1.1A fee is required upon submittal of a permit application, in accordance the latest DNREC fee schedule.5.11.2Advertisement5.11.2.1An advertisement fee is required upon submittal of a permit application, in accordance the latest DNREC fee schedule.5.11.3Compliance5.11.3.1A fee is required for annual compliance inspections except for spray systems.5.12Severability5.12.1If any part of these regulations, or the application of any part thereof, is held invalid or unconstitutional, the application of such part to other persons or circumstances and the remainder of these regulations shall not be affected and shall be deemed valid and effective.6.0ExhibitsTable of ContentsExisting On-Site Wastewater System Field Inspection Report Example & GuidelinesTextural Triangle for Soil ClassificationMinimum Isolation DistancesWastewater Design Flow RatesGrease Trap Design CapacitiesTypical Grease TrapTypical Two Compartment Septic TankTypical Concrete Distribution BoxTypical Pump Dosing ChamberDiversion Equipment for Dual FieldsTypical Aggregate Trench/Bed Design – Full DepthTypical Aggregate Free Trench/Bed Design – Full DepthTypical Aggregate Trench/Bed Design – Capping FillTypical Aggregate Free Trench/Bed Design – Capping FillTypical Low Pressure Pipe DesignLow Pressure Pipe Design Percolation Rates & Maximum Hole Spacing DistancesTypical Elevated Sand Mound DesignTypical Pressure-Dosed Trench/Bed Design – Full DepthTypical Pressure-Dosed Trench/Bed Design – Capping FillTypical Sand-Lined Trench/Bed DesignTypical Wisconsin At-Grade DesignWisconsin At-Grade Design Loading RatesSystem Information Quick Reference GuideSeptic Tank Lift StationPercolation Rates Based Upon USDA Soil TexturesObservation Well Construction DiagramSystem Abandonment ReportPeat System Design Loading RatesMicro-Irrigation “Drip” Design Loading RatesMicro-irrigation “Drip” Dispersal Installation MethodsInnovative/Alternative Product Approval ChecklistCurtain DrainLot Clearing/Disturbed Site Inspection ReportCrop Nutrient Uptake WebsitesCumulative Metal Loading Limit for Spray Irrigation SystemsMonthly Average Daylight Hours for Thornthwaite Potential EvapotranspirationClimatological Normal Temperature (Ta) & Thornthwaite Potential EvapotranspirationClimatological Normal Precipitation (P) & 5 Year Return Monthly Precipitation (P5)Minimum Treatment Requirements for Large SystemsOn-Site Wastewater Treatment and Disposal System Performance Standards7.0Sources of Information7.1Organizations 7.1.1American Society of Agricultural Engineers, 2950 Niles Road, St. Joseph, Michigan 49085.7.1.2American Society of Agronomy, 667 S. Segoe Road, Madison, Wisconsin 53711.7.1.3Delaware Agricultural Extension Service, College of Agriculture, University of Delaware, Newark, Delaware 19703.7.1.4The Irrigation Association, 13975 Connecticut Avenue, Silver Spring, Maryland 20906.Technical References7.2.1Andres, A. S. and Martin, M. J., 2005, Estimation of the Water Table for the Inland Bays Watershed, Delaware: Delaware Geological Survey Report of Investigations No. 68, 20 p.7.2.2Brady, N.C. 1974. The Nature and Properties of Soils, Eighth Edition. (ISBN 0-02-313350-3) MacMillan: New York, New York.7.2.3Cole, D., C. Henry, and W. Nutter. 1986. Forest Alternative for Land Treatment of Municipal and Industrial Wastes. University of Washington Press, Seattle, 592 pp.7.2.4The Irrigation Association. 1983. Irrigation, Fifth Edition. Silver Spring, Maryland.7.2.5Metcalf and Eddy, Inc. 1979. Wastewater Engineering: Treatment, Disposal and Reuse. (ISBN 0-07-041667-X) McGraw-Hill: New York, New York.7.2.6Overcash, M.R. and P. Pal. 1979. Design of Land Treatment Systems for Industrial Wastes - Theory and Practice. Ann Arbor Science: Ann Arbor, Michigan.7.2.7Reed, S.C. and R.W. Crites. 1984. Handbook of Land Treatment Systems for Industrial and Municipal Wastes. (ISBN 0-8155-0991-X) Noves Publications: Park Bridge, New Jersey.7.2.8Rich, L.G. 1980. Low Maintenance, Mechanically Simple Wastewater Treatment Systems. (ISBN 0-07-052252-9) McGraw-Hill: New York, New York.7.2.9Smedema, L.K. and D.W. Rycroft. 1983. Land Drainage: Planning and Design of Agricultural Drainage Systems. (ISBN 0-8014-1629-9) Cornell University Press: Ithaca, New York.7.2.10United States Department of Agriculture. National Engineering Handbook, Sections 15 and 16. Soil Conservation Service. Washington, D.C.7.2.11United States Environmental Protection Agency. 1981. Process Design Manual: Land Treatment of Municipal Wastewater. (EPA 625/1-81-013) Center for Environmental Research Information. Cincinnati, Ohio.7.2.12United States Environmental Protection Agency. 1983. Design Manual: Municipal Wastewater Stabilization Ponds. (EPA-625/1-83-015) Center for Environmental Research Information. Cincinnati, Ohio.7.2.13Water Pollution Control Federation, American Society of Civil Engineers. 1977. WPCF Manual of Practice No. 8: Wastewater Treatment Plant Design. Washington, D.C.8.0Attachments - Guidance Documents8.1Class C inspection guidelines1.Verify permit has not expired and is valid.2.Locate the absorption facility and verify the correct location with the approved permit. If the absorption facility location has moved, verify that the new location is within the area approved on the site evaluation and that the new location meets all isolation distance requirements.3.Verify correct absorption facility measurements to an accuracy of one (1) foot. Verify proper trench/bed depth to the best of your ability. If there is doubt as to the proper depth, contact DNREC and clearly state on the inspection report your findings.4.Determine the condition and location of major components. The tanks, pumps, related equipment, absorption facility and interconnecting pipes must be verified. Verify that all components are installed according to the permit and the Regulations. Compare locations of actual components with the component location on the design.5.Check the septic tank. The Class E contractor shall insure that the entire top of the tank is clean and visible for inspection. All access lids shall be removed, rotated 45 degrees, and replaced over the openings for safety. The engineer shall visually check the inlet and outlet pipe penetrations, all internal baffles, and the visible conditions of the tank. 5.Grease Traps - Same as the septic tank, if applicable.6.Inspect the dosing chamber(s).(Same as septic tanks) Any access lid weighing over 40 pounds must be removed and replaced with a temporary lightweight cover for inspection (unless contractor personnel is present at the time of the inspection). Verify screened vent pipes and pump lift out device. 7.Verify the dosing chamber components/piping - Ensure correct operation of all components inside and outside of the dosing tank (pump floats, valves, pipes, etc.). 8.Check the operating pressure on all pressurized systems at the distal lateral.9.Check timer settings. Timers are required to be installed and wired at the time of the inspection. If not installed and wired another inspection shall be scheduled. If power has not been supplied to the site at the time of the inspection, the contractor is to supply a generator as a power source. 10. Check float switches (on/off & alarm). Manually operate floats to verify correct operation. System Contractor to verify float settings are correct. Check high level alarm (audio/visual).11.Verify that the alarm is installed on a separate electrical circuit. Class C Inspection Guidelines12. Verify that all electrical connections outside of the dosing tank are water and corrosion resistant. Verify electrical connections inside the dosing tank are waterproof, corrosion resistant and, if > 500 gpd flow, explosion proof as well.13.Verify pipe size and configuration. Check for leaks at all visible pipe joints. 14.Check for specified pump or equivalent. The contractor must notify the engineer prior to the inspection if an equivalent pump has been used instead of the pump that had been specified in the design.15.Verify stone size, make sure the stone is clean and free of debris. 16.Verify that the system has the proper number of clean-outs, inspection ports, etc.17.If aggregate-free chamber units are used, verify that they are connected properly.18.Verify isolation distances as referenced in Exhibit C. 19.Ensure proper abandonment of existing system, if applicable.20.If well abandonment reports were required, insure proper documentation has been submitted to DNREC and well was properly abandoned.8.2Class F pumping guidelinesDefinitionThe Class F License authorizes the removal or disposal of the solid and liquid contents of septic tanks, cesspools, seepage pits, holding tanks or other wastewater treatment and disposal facilities as specified and required under the State of Delaware, Department of Natural Resources and Environmental Control, The Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems.State of Delaware Non-Hazardous Liquid Waste Transporters PermitClass F Licensees must operate under a valid State of Delaware Non-Hazardous Liquid Waste Transporters Permit. A copy of the Non-Hazardous Liquid Waste Transporters Permit must be kept in each vehicle used to transport septage, grease trap/cooking oil waste, municipal or industrial biosolids, sludge from package treatment plants, or any other non-hazardous liquid waste.Class F Licensees shall be knowledgeable of the Non-Hazardous Liquid Transporters Permitee’s Plan for the Prevention, Control and Clean-up of Accidental Discharges. A copy of the Plan is to be maintained on file with the Department. Class F Licensees shall operate under a Non-Hazardous Liquid Waste Transporters Permit that ensures a $5,000 Performance Bond, or other form of security, is maintained on file with the Department for the duration of licensing.GeneralClass F Licensees shall keep a copy of their Class F License identification card available for verification while performing any Class F License related work.Class F Licensees are prohibited from pumping out holding tanks without first entering into a “Sewage Holding Tank Maintenance Contract” with the property owner. A copy of the contract document must be submitted to the Department within fifteen days of signing the contract.Class F Licensees are prohibited from pumping out grease traps without first entering into a “Grease Trap Maintenance Contract” with the property owner. A copy of the contract document must be submitted to the Department within fifteen days of signing the contract. Class F Licensees may not enter into a “Grease Trap Maintenance Contract” unless the Class F Licensee has an approved facility to dispose of grease trap waste identified in the Non-Hazardous Liquid Waste Transporters Permit that he/she is operating under. Co-mingling of septage and grease trap waste is prohibited, unless specifically approved, in writing, by the facility (ies) that will be receiving the grease trap waste.SafetyAt all times, the technician’s personal safety, as well as protection of the environment and the customer’s property, shall receive the highest priority.Generally, septic tanks should not be entered because they are a hazardous environment. If entry is required, appropriate confined space entry procedures consistent with OSHA requirements should be employed.Accessing TanksClass F Licensees are prohibited from pumping out a septic tank, cesspool, seepage pit, holding tank, or grease trap through inspection ports, clean outs, wyes, or other orifices not specifically designed for tank pump-outs. Septic tanks shall only be pumped from/through the appropriate manhole/access port of each tank or tank compartment.If the customer insists upon the tank being cleaned through any opening other than the access manhole, the customer shall be required to sign a waiver acknowledging the fact that he/she has been informed of the proper procedure and the reasons associated with the procedure. A copy of the waiver must be submitted to the Ground Water Discharges Section, 89 Kings Highway, Dover, DE 19901 within thirty days.No liquids or solids are to be discharged into/through the outlet pipe.Septic Tank CleaningThe liquid, solid, and semi-solid material in a septic tank shall be removed by a vacuum or centrifugal pump fitted with a hose that delivers the material to a truck-mounted, sealed tank.Cleaning procedures shall include agitating all solids, but only after lowering the liquid level to twelve inches below the outlet. This is necessary to insure no solids are allowed to escape the treatment tank. Agitation methods vary, and may include alternate pumping and back flushing, forcing air into the tank, or mechanical stirring.When back flushing or injecting air, care shall be taken not to fill/refill the tank to a level greater than twelve inches below the elevation of the outlet pipe.When pumping out a septic tank, cesspool, dosing chamber, or seepage pit, the entire contents of all compartments of the tank(s) shall be removed, including all solids, scum, and liquids.Class F Licensees shall inspect the dosing chamber of any engineering on-site system being pumped out. If solids are evident in the dosing chamber, the dosing chamber shall be pumped out.Standard ServicesEvery septic tank pump-out shall include a visual inspection of the interior of the tank. The inspection shall include a determination regarding the presence of baffles and their condition, as well as the physical condition of the treatment tank.Observations of any unusual conditions such as high or low liquid level, run-back from the absorption area, defective or broken components, lush vegetation and/or sewage overflows shall be reported to the customer.During system maintenance it is advisable to observe sewage flows from the building into the tank. Corrective action for any observed obstructions should be recommended.Any unsatisfactory conditions shall be noted on the sales slip or receipt.Operating septic systems should be pumped out at least once every three years. This recommended maintenance frequency should be communicated to the customer at the time of service. Any existing observation ports should be capped off.VehiclesAll vehicles used to transport Non-Hazardous Liquid Waste shall be:Covered under commercial automobile liability insurance with a combined single limit of at least $100,000. A current copy of a Certificate of Insurance demonstrating compliance with this requirement shall be maintained on file with the Department.Labeled with the name, address and permit number of the Non-Hazardous Liquid Waste Transporters Permittee in standard block letters no less than three inches high on both sides of each vehicle used for hauling purposes; Equipped with a watertight tank or body and be maintained in a clean and sanitary condition. Liquid wastes shall not be transported in an open body vehicle unless contained within suitable receptacles. All pumps and hose lines shall be free of leaks;Equipped with truck pumping and discharge hoses fitted with automatic shutoff valves.AdditivesOnly additives approved by the Department may be used in septic tanks in the state of Delaware. The Department maintains a list of septic tank additives approved for use in the state of Delaware. However, the Department does not recommend or endorse the use of these products. Local, State and Federal Laws and RegulationsAt all times, and in all phases of operations, Class F Licensees and/or Non-Hazardous Liquid Waste Transporters shall comply with all laws and regulations regarding the activities associated with on-site wastewater system maintenance and disposal of materials removed there from.ReportsIf the municipality requires documentation of pump-out and tank/site conditions, the Class F Licensee and/or Non-Hazardous Liquid Waste Transporter shall not be prevented by the customer from complying with the requirement. A copy of any report sent to the municipality shall also be provided to the customer.8.3Lot clearing guidelinesAll trees, shrubs and underbrush should be cut by chain saw, bush hog or mower and dragged away without allowing the heavy equipment to enter onto the proposed disposal area.Stumps should be removed by excavator or backhoe from the perimeter of the proposed disposal area without treading onto the area1. Small stump grinders can enter the proposed disposal area and are acceptable to be used to remove stumps.The stump holes should be backfilled with native soils and returned to original condition, as practical. Small tractors, bulldozers and skidsteer equipment are acceptable for this purpose.If the system is not to be immediately installed then the proposed disposal area should be seeded to prevent erosion. The area should also be roped or barricaded to prevent any vehicular traffic from entering.5.During wetter times of the year (December – May), on poorly drained soils and lower landscape positions discretion should be exercised to minimize the threat of compaction and smearing.*The purpose of these guidelines is to minimize the threat of compaction & to avoid excessive disturbance to the soils within the proposed disposal area.1Stump removal is not required as some systems may be installed with the stumps in place.8.4Shellfish waters guidelines & mapAs a matter of policy, the isolation distance between a watercourse and an on-site wastewater treatment and disposal system is to be maximized, whenever possible.The isolation distance between an on-site wastewater treatment and disposal system and designated shellfish waters’ is to be one hundred (100) feet.Designated shellfish waters’ are bounded as shown on the map below and described as follows:a.The Delaware Bay: East of Rt. 1, Rt. 113 and Rt. 13 from the Maryland State line north to the New Castle County lineb.The Inland Bays:Rt. 1, Rt. 24, Rt. 113, Rt. 26, CR 382, CR 389 & CR 396Watercourses that are ephemeral (only contain water during or for a short time after a rain storm event) are not classified as shellfish waters.For the Delaware Bay shellfish area, approval of a lesser isolation distance of fifty (50) feet may be approved by the Department if the lot was created before April 8, 1984. If one hundred (100) feet cannot be maintained between an absorption facility and shellfish waters, and the lot was created by plat or deed prior to April 8, 1984, then the maximum distance shall be maintained but in no case be less than shown in the following table.Modified Isolation Distances (in feet) from Shellfish WatersType of SystemSoil Textures Gravity(a)LPP(a)PD(a) ESMSandy (s, ls)100(b)1007050 sand or loamy sand that contains < 50% very fine sandCoarse and fine loamy (sl, l, scl)85706050 loamy very fine sand, very fine sand or finer but < 35% clayCoarse and fine silty (sil, cl, sicl)7060(c)6050 loamy very fine sand, very fine sand or finer but < 35% clay and < 15% fine sandClayey (sc, sic, c)NANA5050 clay content > 34%the isolation distance reduction will be dependent upon the clay percentage of the particle size class of the soil, i.e. control section (as defined by Soil Taxonomy)permeability rate less than 6 mpi will require pressurizationdesign limits above a percolation rate of 45 mpi may necessitate the use of an ESM* These Guidelines will be used as a reference tool for the Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems until such time the Pollution Control Strategy Regulation’s are promulgated which will govern these waters and areas.8.5Recycling on-site wastewater treatment and disposal system soil & stoneThe Department has no objection to the re-use of the soil and stone and hereby approves the material which shall be in compliance with the requirements of Section 4.4.8.3. The Department provides the following procedures for recycling septic system soil and/or stone; The system shall be dismantled, removing the soil, stone and piping; The piping must be taken to a landfill for proper disposal;The soil and stone can be segregated or mixed together;The soil, stone or the mixture shall be spread out to dry;It is required that Lime (Calcium Oxide) be spread over the soil, stone or soil/stone mixture for odor control and aid in the killing of the pathogens present. The spreading rate shall be one pound of Lime for every cubic foot of material or one pound of Lime per 100 lbs soil/stone; The soil, stone or soil/stone mixture must be left exposed. Ultraviolet radiation from the sun increases the destruction of pathogens;Once the soil/stone mixture is completely dry it can be used for septic tank, cesspool or other treatment unit abandonment and may be transported off site.NOTE: This approved procedure for recycling on-site wastewater treatment and disposal system soil and/or stone is limited to the abandonment procedures as stated in 4.4.8.3. ................
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